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(영문) 대구지방법원 포항지원 2016.12.08 2016고단1185
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

[2016 Height 1185] No person shall borrow or lend a means of access, or store, deliver or distribute a means of access, in receiving, demanding or promising any compensation.

Nevertheless, around February 16, 2016, the Defendant, from “C” located in the Northern-si B, Northern-si, Northern-si, and received KRW 500,000 from “D” to “E”, and opened a passbook and a check card connected to the Defendant’s name bank account (E).

Accordingly, the Defendant received compensation and lent the means of access.

[2016 Highest 1298] No person shall commit any act of delivering a means of access knowing that the means of access is to be used in the course of using and managing the means of access.

Nevertheless, the Defendant established a legal entity that does not actually operate a business with F and G and opened an account in the name of the legal entity, and agreed to distribute profits by conveying it to the operator of the sports Saturday site. F served as a legal entity; the Defendant and G deliver a certified resident registration number and a certificate of seal impression necessary for the establishment of the legal entity to F; each of the parties, after the establishment of the legal entity, opened an account in the name of the legal entity that he/she was the representative director and transferred it to the operator of the sports Saturday site.

After establishing H on January 7, 2016 according to the above public offering, the Defendant: (a) opened an account of community credit cooperatives under the name of H (I) on February 2, 2016; (b) delivered a passbook, security card, and password, etc. connected to the account of community credit cooperatives to a person who cannot know his/her name at the front parking lot of a high-speed bus terminal located in Seocho-si, Seocho-si; and (c) delivered the means of access over 15 times from January 12, 2016 to April 8, 2016 in the same manner as indicated in the list of crimes.

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

Summary of Evidence

[2016 Highest 1185]

1. Defendant's legal statement;

1. D. D.

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