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(영문) 서울남부지방법원 2016.06.23 2014고단952
전자금융거래법위반등
Text

Defendant

A Imprisonment with prison labor for two years, and for one year, for Defendant B.

However, from the date this judgment became final and conclusive, the defendant.

Reasons

Punishment of the crime

[2014 Highest 952]

1. Defendant A

A. On January 1, 2012, the Defendant: (a) instructed employees B to “at the office located in Mapo-gu Seoul Metropolitan Government Office to create a passbook in the name of another person; and (b) demanded B to talk with the person who opened the passbook through a nameless H on April 5, 2013; and (c) demanded B to receive an access medium via a total of 12 times from February 10, 2012 to April 5, 2013, the Defendant acquired the same as indicated in the list of crimes, including allowing B to receive an access medium via a total of 12 times from February 10, 2012 to April 5, 2013.

B. The Defendant, even an offender, was accompanying to make another person’s passbook under his/her direction.

B Around 13:30 on April 5, 2013, a flagrant offender was arrested on the street in front of the National Bank in Mapo-gu Seoul, Seoul, to commit a crime of violating the Electronic Financial Transactions Act, and later he was investigated to the effect that “after receiving instructions from the head of the A office and H, and made a passbook under the name of another person,” and that he was inside the said B and B at the trade in French coffee shop located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul.

K Na, K, explaining the above case to K, “Iskn't make a statement to the police station as if the Narn's head was A.

On May 20, 2013, upon the request of the above K, the above K attended the Yeongdeungpo-gu Police Station located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, Seoul, to voluntarily provide a certificate of attendance and made a statement to the effect that the above police station assistant L, who is investigating the above case, was involved in the takeover of the passbook B while engaging in the above "A chief" as if he was the above "B chief."

2. Defendant B: (a) around April 5, 2013, around 11:30, the Defendant received a receipt of a passbook in his name from an old-age I at a business bank station located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, Seoul, at a point located in 331-1, from a company bank located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul.

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