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(영문) 대구지방법원 서부지원 2013.04.16 2012고단1490

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

1. The Defendant and C, along with C, D, and E, established a false company at the I’s office located in Daegu Suwon-gu H on April 2012, together with D, E, one-person F, and one-person G, and the Defendant and C agreed to open and sell the passbook under the name of the corporation. The Defendant and C, one-person F, one-person G, the role of assisting the said Defendants in the establishment of the passbook, etc., and the role of assisting them in the sale of the said passbook, respectively.

On April 18, 2012, Defendant and C, along with the above D, established two limited liability companies (J, K), and four limited liability companies (L, M, N,O) in the name of Defendant C by June 5, 2012, including the establishment of J of the limited liability company from the Gyeongbuk Racing.

After that, around April 18, 2012, the Defendant and C opened a passbook (Account Number P) under the name of the J-based limited company established by Defendant A at the NAY branch of the NAP branch of the NAP branch, and opened a medium of electronic financial transaction access, such as passbook, cash withdrawal card, password, OTP (one-time password creation card) card, etc., to E through the above D, and E transferred the above passbook, etc. to E from the dong-gu Daegu High-Speed bus terminal located in the 4, Dong-gu, Daegu-gu, Daegu-gu, Daegu-gu, and then transferred the passbook, etc. to a person who is not aware of his name.

Accordingly, the Defendant and C conspired with the above D, etc. from April 18, 2012 to October 2, 2012, in collusion, opened a passbook over a total of 131 times, such as the list of crimes (1), and transferred the cash card and the password necessary for using the cash card, which is an electronic financial transaction access medium.

2. The Defendant and C’s co-principal and C’s co-principal shall receive 500,000 won for each corporation for the first time with the face-to-face sold through E, etc. on July 2012, and one hundred thousand won for each passbook thereafter, the value of the face-to-face traded in the city.