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(영문) 서울중앙지방법원 2020.05.20 2020고단1108
공갈등
Text

1. Defendant AD shall be punished by imprisonment with prison labor for a year and four months;

2. Defendant AE shall be punished by imprisonment for six months.

(b).

Reasons

Punishment of the crime

[Criminal Justice] On December 22, 2017, Defendant A sentenced Defendant A to imprisonment with prison labor for a crime of fraud at Suwon District Court on December 22, 2017, and completed the execution of the sentence in a female prison on July 3, 2018.

Defendant

AH on July 26, 2019, was sentenced to 6 months of imprisonment for a violation of the Electronic Financial Transactions Act by the Seoul Eastern District Court, and was sentenced to 2 years of suspended execution on August 3, 2019, which became final and conclusive on August 3, 2019.

【Criminal Facts】

1. Defendant AD, AE, and AF’s crime of violation of the Electronic Financial Transactions Act are established according to the direction of Defendant AD. Defendant AF established the term “defic person” without substantive substance by entering into a corporate office lease agreement, a request for registration of incorporation, a request for registration of incorporation, a business registration, etc. at a certified judicial scrivener office. Defendant AE opened an account in the name of the relevant floating corporation, and Defendant AD conspired to deliver a passbook connected to the account to the illegal Internet gambling site operator, etc.

According to the above public offering, around July 25, 2019, Defendant AF found the AJ head of the Jung-gu Seoul Special Metropolitan City AI Building AJ head of the above AI building, paid Defendant AD to the lessor of the above AI building, and completed the lease contract after requesting the establishment of AK office of a certified judicial scrivener, and completed the establishment registration and business registration of AL-based limited company around July 29, 2019, Defendant AF had a business registration certificate, corporate identification, etc.

Defendant

On August 12, 2019, AE opened a corporate bank account (AM) and a corporate bank account at the victim IBK enterprise branch office in Jongno-gu Seoul, Jongno-gu, Seoul, in accordance with the direction of the defendant AD, and opened the passbook, cash card, OTP card, etc. connected to the account to the defendant AD.

Defendant

On October 2019, AD delivered a passbook, etc. connected to the company bank account (AM) and the company bank account in the name of the company in the name of the limited company.

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