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(영문) 대구지방법원 포항지원 2019.01.31 2016고단1009 (1)

횡령등

Text

A defendant shall be punished by imprisonment for six 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

In using and managing the means of access, no person shall knowingly convey the means of access to such means of access.

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 D gambling site. C, the Defendant and B, to be registered as an internal director or auditor, to deliver a certified resident registration certificate and a certificate of personal seal to C, and to each of them to open an account of each of the corporations as an officer after incorporation, and C, to share the role of delivering the above account to the operator of the D gambling site.

The Defendant and B established E on July 22, 2015 according to the above public offering, and opened the F Account in the name of E Co., Ltd. around July 27, 2015, and transmitted the passbook, security card, and password, etc. of the F Account to the person in default of name at the port of port or below at the end of the time. From that time to August 6, 2015, the Defendant delivered the means of access 14 times in total, such as the entry of the F Account List (1).

Accordingly, the Defendant, in collusion with B and C, knowingly delivered the means of access to the crime.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Each prosecutor's interrogation protocol concerning B;

1. Application of the Acts and subordinate statutes to an investigation report (as for a warrant for search, seizure, and verification of an account in execution No. 2016-1105), an investigation report (as for a warrant for search, seizure, and verification of an account in execution No. 2016-1105), an investigation report (as for a complete certificate of registered matters), an investigation report (as for a stock company E and H account

1. Relevant Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning facts constituting an offense, the choice of punishment, and Article 30 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, Article 50, and Article 50 of the Criminal Act;