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(영문) 의정부지방법원 고양지원 2016.04.05 2015고단2808
도박개장방조등
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for Defendant B.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall transfer any access medium used in electronic financial transactions to any third person with the knowledge that it is intended to use it for a crime or intended to be used for a crime.

1. Defendant A from February 24, 2015 to the same year

3. From the end of February 23, 200, 500 won per day through Kwikset service and sent name boxes (hereinafter “one chief”) to Kwikset Company (hereinafter “Kwikset”) after looking at the branches of the Bank located in Gyeonggiyang and Seoul, and re-issuance of 50 passbooks, cash cards, and OTP equipment necessary for Internet banking, etc. as shown in attached Table 1 List 1.

Accordingly, the defendant delivered 50 access media used in electronic financial transactions, knowing that it will be used in the crime.

2. Around March 3, 2015, Defendant B: (a) sent 13 access media from that time to March 5, 2015, to one company’s account in the name of K, one corporation, and three accounts in the name of K, one bank; (b) received 150,000 won per day through Kwikset’s service; and (c) delivered 13 access media from that time to that of his name in the name of the deceased (hereinafter “one head of the office”); and (d) from that time, from that time to March 5, 2015, the Defendant sent 13 access media to the name in the name of the deceased (hereinafter “one head of the office”).

Accordingly, the Defendant knowingly delivered 13 access media used in electronic financial transactions.

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on internal investigation (specific user of the account for the credit guarantee system), a written request for re-issuance, a power of attorney, a certificate of employment, a written request for re-issuance, a power of attorney, and a certificate of employment;

1. Report on internal investigation (specific circumstances of A suspect), and contract for lease of the motor vehicle;

1. A investigation report (a document attached to the legal entity account, written out of the total book that instructs the management of the head of the Tong), a copy of the penbook and a copy of the passbook transaction statement in which the total book is written, and a passbook discovered at a suspect A driver's vehicle;

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