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(영문) 대구지방법원 포항지원 2017.12.13 2017고단1406
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no one shall issue a transaction instruction in electronic financial transactions or transfer or take over any access medium used to secure the authenticity and accuracy of users and the details of such transaction.

Nevertheless, the Defendant established a corporation which does not actually operate a business with C and D and opened an account in the name of the corporation, and intended to sell it to the operators of the illegal sports discussions site. The Defendant and C shall deliver a certified copy of resident registration and a certificate of seal impression necessary for the establishment of the corporation to D, and D shall establish a corporation. After the incorporation of the corporation, the Defendant and C shall each have the corporate name of the corporation that they are the representative director and each share the role of opening the account in the name of the corporation that they are the representative director and selling it to the operators of the sports entertainment sites.

D In accordance with the above public offering, around January 11, 2016, 2016, Da established E and F Co., Ltd., and C opened the National Bank Account (G) in the name of the National Bank Account in the name of the company E around January 18, 2016. On the same day, at a high-speed bus terminal located in the south-gu Sea-do Port on the same day, sold the passbook of the above account and the OTP-making machine, etc. from that time to February 2, 2016, and the Defendant and C sold the access media in the same way 14 times in total, as shown in the list of crimes.

Accordingly, the Defendant, in collusion with C and D, transferred each of the above accounts' access media.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police against D or C;

1. A certified copy of each corporation registry, and details of business registration;

1. Application of Acts and subordinate statutes to a criminal investigation report (verification of the opening of an account in execution E account No. 2016-1105 of a warrant of search and inspection), copy of an investigation report (verification of the opening of an enforcementF account No. 2016-1105 of a warrant of search and inspection), copy of a criminal investigation report (related to the analysis of details of transactions in E and F accounts);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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