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(영문) 인천지방법원 2017.09.13 2017고단5806

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for two years.

Nos. 1 and 2 of the same certificate of seizure shall be confiscated.

Reasons

Punishment of the crime

On June 12, 2014, the Defendant was sentenced to one year and six months of imprisonment due to fraud, etc. at the Incheon District Court, and on September 23, 2015, the Defendant completed the execution of the sentence at the first intersection of the North Korean Peninsula.

C Formation of a juristic person without substance (hereinafter “YO juristic person”), and opened an account under the name of the juristic person, and thereafter sell the account for a certain amount of consideration to a criminal organization, such as sports earth and sand. The Defendant recruited documents, such as a certificate of the representative of lending the name necessary for the establishment of a floating juristic person through friendly D, etc., and delivers them to C, and upon receipt of documents necessary for the establishment of a juristic person from C, serves as a person who prepares a floating juristic person by delivering such documents to C. After the incorporation of a floating juristic person, E serves as an agent for the account by delivering documents related to the juristic person and by opening the account.

Defendant, C, D, E, etc., established a floating corporation, opened an account in the name of the floating corporation, and was willing to sell passbooks, check cards, etc. connected with the account to the crime organization.

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium or keep, deliver or distribute such medium with the knowledge that it is intended to receive, request or promise any consideration, to use it for a crime, or to use it for a crime.

Nevertheless, on April 26, 2017, Defendant C, and E, etc. conspired to submit false documents to the Busan District Court Branch Branch of the Incheon District Court located in Seocheon-si, Seocheon-gu, Incheon, and establish the FF corporation (hereinafter referred to as “F”), and around May 4, 2017, to G who is an agent for opening the account at the Dopo-gun branch located in Incheon po-gun, Seocheon-gu, Incheon, the certified copy of the F corporation registry, the business registration certificate, the proxy certificate, and the certificate of seal impression, and the said G submitted the above documents to the account.