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(영문) 수원지방법원 2018.01.19 2017고단6389
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On August 31, 2017, the Defendant was sentenced to a fine of KRW 3 million due to the violation of the Electronic Financial Transactions Act at the Suwon District Court, which was in the course of trial in the present Suwon District Court.

Criminal facts

On September 2016, the Defendant: (a) established a memorial corporation from a person without the name of the deceased, (b) opened an account in the name of the juristic person, and (c) proposed to offer loans when transferring an access medium; and (d) established a memorial corporation in accordance with the instructions of a person without the name of the deceased and wounded; and (b) had the intention to open an account and transfer the account to a person with the name of the deceased and wounded.

1. In fact, the Defendant sent the Defendant’s personal seal certificates, resident registration certificates, and copies of identification cards, etc., which are documents necessary to establish a juristic person, via Kwikset service around September 2016, even though he did not have the intent to establish and operate a cell phone opening of the mobile phone called “B” company with limited liability and an Internet opening and attracting company, such as the public electronic records, and the Defendant sent the Defendant’s personal seal certificates, resident registration certificates, and copies of identification cards, etc. to the non-personalized person. On September 19, 2016, the non-personalized person filed an application for the establishment of “A” with the Suwon District Court registry located in the location of the address population, and submitted the public official to the public official in charge who was aware of the fact, to enter the above contents of the company’s articles of incorporation, the list of employees, and copies of identification cards, etc. in the electronic records registration information system “B” in the electronic records register of the juristic person with limited liability, and had the said public official preserve the electronic records from around that time.

Accordingly, the defendant, in collusion with the person who was unable to make his name, made a false report to the public official and made him record false facts in the register of the juristic person which is an electronic record, and exercised it.

2. Violation of the Electronic Financial Transactions Act;

A. On October 24, 2016, the Defendant was a new bank located at 115 as an amendment of the Gi-si, Gi-si, Young-si.

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