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(영문) 서울중앙지방법원 2019.05.14 2019고단1070
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Although the Defendant did not wish to establish a company to actually operate the company, the Defendant, by using the term “defensing company,” established an account in the name of the corporation, intended to open an account in the name of the corporation and sell the means of access, such as cash cards connected thereto as a passbook.

Around February 23, 2017, the Defendant did not intend to establish and operate the Suwon District Court Registry, which is located in Suwon-ro 7 of the population of the wife at Gyeonggi-si, and did not actually pay the capital, and did not intend to hold the corporation. The Defendant merely intended to open an account under the name of the corporation and sell cash cards, etc. connected with the account after establishing the corporation’s office without actually establishing the corporation’s office. However, as if the Defendant actually established the corporation B, he/she prepared a false application for registration as if he/she actually established the corporation’s office and submitted a false application for registration through a certified judicial scrivener under his/her name and incompetence, he/she had a public official in default of the name of the registry enter the registration of B in the corporate register computer system, which is a public electronic record of rights and duties, to complete the registration of B’s incorporation. As seen above, the Defendant had a public official in charge of registration keep the aforementioned corporate register computerized recorded on March 7, 2018, and exercised the same fact as the original electronic records.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to entire registered matters;

1. Relevant provisions of the Criminal Act and Article 228(1) of the Criminal Act ( point of false entry into public electronic records) for criminal facts, Articles 229 and 228(1) of the Criminal Act ( point of exercise of false entry into public electronic records) for the selection of punishment, and the choice of imprisonment for each sentence;

1. Article 62 (1) of the Criminal Act;

1. Social service order under the Criminal Act;

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