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(영문) 대구지방법원 2019.02.19 2018고단4569

전자금융거래법위반

Text

Defendant

A shall be punished by imprisonment with prison labor for a period of two and a half years, and by imprisonment for a period of three years.

Reasons

Punishment of the crime

[Publically Relations] The Defendants established a corporation without substantive substance with C (one name D), E (one name F), etc. (hereinafter “Y”) and had the intent to open an account under the name of the corporation and lend the passbook, etc. connected with it to the organization of the gambling site, such as scaming or illegal sports discussions, for a certain amount of consideration.

C play a general management role of the above crime; Defendant B recruited persons from the name of representative director who is a related corporation such as G and H and introduced them to C; G, H, etc. play a role of lending the name of representative director who is a related corporation; and I, E, etc. established a floating corporation with G, etc. or on its behalf with G, etc. or by obtaining the means of access, such as passbooks, physical cards, and OTP connected to the establishment of an account in the name of a corporation; and the delivery of the means of access, such as passbooks, checks, and OTP connected to the establishment to C; Defendant A conspired with each other in order to have the means of access transmitted by C for a certain amount of compensation for the crime organization, such as hostinging or illegal sports discussions.

[Specific criminal facts] In using and managing the means of access, no person shall borrow or lend the means of access or keep, deliver or distribute the means of access with the knowledge that the means of access is to be used for a crime or to be used for a crime unless otherwise provided for in other Acts.

Nevertheless, according to the above public offering, the Defendants: (a) introduced H, one’s own seat, from a non-permanent place in the Seo-gu Incheon, Seo-gu, Incheon on February 3, 2017, thereby establishing a floating corporation and having the representative director establish an account in the name of the juristic person; (b) C, I, etc., using personal documents, such as a certified copy of the H’s resident registration, transmitted through Defendant B, and establish the K Bank account in the name of the juristic person (L) with H as its representative director.