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(영문) 대구지방법원 포항지원 2016.10.06 2016고단977
전자금융거래법위반
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

No person shall commit any act of delivering a means of access knowing that the means of access is to be used for any crime in using and managing the means of access.

Nevertheless, the Defendant established a corporation that does not actually operate a business with C and D and opened an account in the name of the corporation, and agreed to distribute profits by conveying the account to the operator of the sports sports sports sports entertainment site. C transferred the establishment of the corporation to C, the Defendant and D sent a certified resident registration and a certificate of seal impression necessary for the establishment of the corporation to C. After the incorporation of the corporation, each of them shared the role of opening an account in the name of the corporation that was the representative director and delivering it to the operator of the sports sports sports sports entertainment site.

After establishing E on January 11, 2016 following the above public offering, the Defendant: (a) opened a bank account in the name of E (F) on January 18, 2016; and (b) delivered a passbook, security card, and password to a person whose name is not known by means of cargo transportation at an express bus terminal located in the south-gu Do-dong at port on January 18, 2016; and (c) delivered the means of access over the same 14 times from that time until January 28, 2016 in the attached list of crimes.

Accordingly, the Defendant, in collusion with C and D, delivered the means of access with the knowledge that it would be used in the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (verification of opening of an account in execution E account No. 2016-1105 of the warrant for search, seizure and verification; verification of opening of an account in execution G account No. 2016-1105 of the warrant for search, seizure and verification; Attachment of all matters to be registered; application of Acts and subordinate statutes to stock companies E,

1. Relevant laws concerning criminal facts, each of the choice of punishment, and Articles 49(4)2 and 6(3)3 of the Electronic Financial Transactions Act, Article 30 of the Criminal Act, and the choice of imprisonment;

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

1. Article 62(1) of the Criminal Act:

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