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(영문) 서울중앙지방법원 2017.10.17 2017고단2630 (1)

공전자기록등불실기재등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, as an elderly, established a legal entity from B (one name C) and opened an account in the name of the legal entity, and opened an account in the name of the legal entity and transferred it to B under the direction of extending the card,OTP, and password connected to the account, and B conspired with B by using it as an excessive device to the operator of the website of the franchising sports games.

On February 10, 2015, the Defendant opened an IBK Bank E account in Seocho-gu Seoul Metropolitan Government, opened an IBK Bank E account in the name of UBK, opened a card, OTP, and password to B, and transferred it to B, and from that time to September 14, 2015, B opened a total of 19 large accounts, such as a crime list (A) from that time to September 14, 2015, and transferred cards, OTP, and passwords related to that account to B, and then transferred it to the non-registered sports Saturday operator.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols concerning the examination of suspects of the prosecution against B, F, and G;

1. Application of Acts and subordinate statutes to each investigation report (including the list of evidence Nos. 35, 43, 47, 51, 82, 84, 94, and accompanying materials);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions, Article 30 of the Criminal Act, the selection of punishment for the crime, and the selection of punishment for each type of crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201) or more of the Criminal Act.