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(영문) 대구지방법원 2019.02.19 2018고단4965

전자금융거래법위반

Text

Defendant

A shall be punished by imprisonment for a period of two years and six months, by imprisonment for a period of six months and by a fine of ten million won, respectively.

Defendant

B above.

Reasons

Punishment of the crime

[Criminal Justice] On August 30, 2017, Defendant A was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act at the Jung-gu District Court on the grounds of imprisonment on September 7, 2017, and the said judgment became final and conclusive on September 7, 2017, and Defendant B was sentenced to one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jung-gu District Court on November 20, 2013, and completed the execution of the sentence at the Seoul Southern District Court on March 23, 2015. On February 8, 2018, Defendant A was sentenced to three years of imprisonment for a violation of the Electronic Financial Transactions Act at the Daegu District Court on the grounds that the said judgment became final and conclusive on May 12, 2018.

The Defendants established a juristic person with no substance with C, D, F (one name “E”), etc. (hereinafter “Y”) (hereinafter “Y”) and had an intent to open an account in the name of the juristic person and to lend the passbook, etc. connected to it to a criminal organization, such as scaming or illegal sports discussions, such as a gambling site operator.

D The overall management of the above crime; H et al. recruited persons to use the name of representative director who is a floating corporation, such as I and F, and introduced them to D; I and F act as lending the name of representative director who is a floating corporation; Defendant A act as a short-term rental office color, etc. for the establishment of a floating corporation; Defendant B and F, etc. established a floating corporation with or on behalf of I, F, etc., under the direction of D; and delivered the means of access, such as passbooks, check card, OTP, etc. connected to the establishment of a floating corporation; and C conspiredd to transmit the means of access, which was delivered by D, to D, to receive a certain amount of compensation, such as a gambling or an operator of gambling site, such as an illegal sports soil.

[Specific criminal facts] Any person shall use and manage the means of access unless otherwise provided by other Acts.