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(영문) 대구지방법원 포항지원 2017.02.15 2016고단1681

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall deliver any access medium with the knowledge that it will be used for a crime in using or managing the access medium.

Nevertheless, the Defendant established a corporation that does not actually operate a business with B and C, and opened an account in the name of the said corporation, and agreed to distribute the profits therefrom to the operator of the sports Saturday site. The Defendant and C sent the resident registration certificate and a certificate of seal necessary for the establishment of the said corporation to B, and each of them shared the role of opening the account of the corporation that they become the representative director and delivering it to the operator of the sports Saturday site after the establishment of the corporation.

After establishing D on January 7, 2016 following the above public offering, Defendant established the National Bank Account (E) of the above D, and thereafter, on January 1, 2016, Defendant: (a) sent the passbook, security card, and password of the above National Bank Account to a person who is not his name, using a cargo transport mode from the cross-city bus terminal located in the Gyeongdo-dong at the Gyeongdo-dong-dong-dong-dong-dong-do-si, Gyeong-do-si; and (b) sent the access media by the same method 16 times in total from that time until April 8, 2016, as indicated in the list of crimes.

Accordingly, the Defendant, in collusion with B and A, delivered each approaching medium with the knowledge that it would be used in the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Copy of each protocol concerning the examination of suspect B or C by the police;

1. A copy of report on internal investigation (related to attachment, such as details of response to registration numbers of business operators of tax offices at ports); and

1. Each investigation report (verification of the F account of execution No. 2016-1105 of the warrant of search and seizure verification; attachment of all F-registered certificates; submission of all F-registered certificates of all of the F-registered certificates of a stock company; verification of all registered matters D; verification of all the certificates and business registration numbers of the F-registered certificates of a stock company; and search and inspection warrant of seizure No. 2016-1484.