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(영문) 대구지방법원 포항지원 2017.05.17 2016고단506

사서명위조등

Text

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

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 22, 2016, the Defendant was sentenced to a suspended sentence of two years for the crime of aiding and abetting fraud in the Daegu District Court Port Support on December 22, 2016, and the said judgment became final and conclusive on the 30th of the same month.

No person shall borrow or lend an access medium while receiving, demanding or promising to receive, demand or promise any consideration in using or managing the access medium.

On October 2015, the Defendant leased four physical cards from E to E’s Saemaul Treasury accounts (F), G’s national bank accounts (H), I’s foreign exchange bank accounts (J), and K(L) accounts in the name of Daegu Bank accounts (M) on condition that the Defendant would provide KRW 1 million per account in his/her own residence located in Posi-si, North Korea. At that time, the Defendant lent four above physical cards to a person whose name is unknown on condition that he/she would receive KRW 2 million per account in his/her own residence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The protocol of suspect interrogation of each police officer regarding E;

1. Each police statement made with respect to C and N;

1. Verification of transaction details;

1. Data on the photograph of seized bankbooks;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on the result of confirmation of the previous convictions in disposition, copy of the judgment, and application of Acts and subordinate statutes

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination as to the defendant and his/her defense counsel's assertion under Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuit for Dismissal of Application for Compensation (the scope of liability of the defendant is not clear)

1. The summary of the argument stated in the judgment of the Defendant, and at the place, the physical card linked to the post office account under the name of theO was sent to the name in lieu of the name in this case, together with the physical card in Chapter 4 of this case.