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(영문) 대구지방법원 2017.07.06 2017고단721

전자금융거래법위반등

Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 1 to 11 shall be confiscated from the accused.

Reasons

Punishment of the crime

Unless otherwise expressly provided for in any other Act, in using and managing access media, Defendant A shall not borrow or lend any access medium, or store, deliver or distribute such medium with the intention of using it for a crime or with the knowledge that it will be used for a crime, nor shall he/she borrow or lend it, or store, deliver or distribute it.

The Defendant, along with C, D, E, F, G, H, J, K, K, L, M, N, etc., recruited a certificate of personal seal impression, resident registration card, copy of resident registration certificate, and resident registration certificate under the name of another person necessary for the establishment of a juristic person, and established a floating juristic person using it. The Defendant, using the above juristic person’s name, established a so-called “mulb passbook” by using the above juristic person’s name. The Defendant, E, and N, intended to open a large passbook and sell it for a certain amount of consideration from a criminal organization in need of the passbook by obtaining a card connected to the passbook and a security card for using the Internet banking, etc.

Accordingly, on July 8, 2015, the Defendant, in collusion with the above C, established a so-called “limited company P” corporation with documents related to the establishment of the corporation using a certified copy of the O’s resident registration and a certificate of personal seal impression at the Daejeon District Court registry. On the 13th of the same month, the Defendant registered the Plaintiff as the representative of the said corporation at the Daejeon Daejeon District Tax Office on the 15th of the same month, and opened the Agricultural Cooperative Q and R account in the name of the said corporation at the agricultural genetic branch located in Daejeon Seosung-gu around the 15th of the same month, and then sent an access medium, such as the cash IIC card andOTP, connected thereto, to the place designated by the non-titled person using the cargo, including the fact that the Defendant sent an access medium, such as cargo, from the time to May 2, 2016.