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(영문) 대구지방법원 포항지원 2017.03.16 2016고단1716
전자금융거래법위반
Text

Defendant

A Imprisonment of one year and six months, Defendant B shall be punished by a fine of five million won, and Defendant C shall be punished by a fine of three million won.

Reasons

Punishment of the crime

[criminal record] On November 3, 2016, Defendant B was sentenced to a suspended sentence of one year for a crime of fraud in the Daegu District Court Port Branch Branch of the Daegu District Court on November 11, 2016, and the judgment became final and conclusive on November 11, 2016. Defendant C was sentenced to a suspended sentence of two years for a year of imprisonment for a crime of fraud in the same court on March 24, 2016, and the judgment became final and conclusive on April 1, 2016.

[Criminal facts]

1. No person who commits a joint crime by the Defendants shall commit an act of transmitting an access medium with the knowledge of being used for a crime in using and managing the access medium.

Nevertheless, the Defendants established a corporation which does not actually engage in business and opened an account in the name of the said corporation and agreed to distribute the profits therefrom to the operator of the sports Saturday site by delivering the profits therefrom to the said operator. Defendant A shared the role of delivering to the said operator the certified copy of the resident registration necessary for the establishment of the said corporation and the certificate of the seal impression to the said corporation.

After establishing D on November 27, 2014 following the above public offering, the Defendants: (a) opened an enterprise bank account in the above name D; (b) delivered the passbook, security card, password, etc. of the above enterprise bank account to the names in the name of the deceased by using cargo transportation at the port high-speed terminal located in the south-gu, 166 at the center of port-si around December 10, 2014; and (c) from March 19, 2015, sent the access media by the same method over 11 times in total, such as the one re-written list of crimes in attached Form 1.

As a result, the Defendants conspired to commit a crime and delivered each approaching medium, knowing that they will be used in the crime.

2. No person who commits a joint crime with Defendant A or F shall knowingly convey any access medium in using and managing the access medium.

Nevertheless, the Defendants are the defendants.

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