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(영문) 창원지방법원 마산지원 2015.04.28 2015고단266
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

One name C, D, E (one name F), G (one name H), and I had an elderly person establish a legal entity, and had several Internet banking institutions established a passbook, cash card, etc. under the name of the legal entity and intended to transfer them to persons engaged in Bosing and illegal gambling. Accordingly, E solicits solicits the name of the legal entity, D, G purchases a bank passbook, cash card, which can be used for Internet banking from the name of the establishment of the legal entity, and I would like to use the vehicle to use the vehicle, and pay the proceeds to E and to the name of the establishment of the legal entity, and C would have received the proceeds of transfer from E, and paid them to the name of the establishment of the legal entity. The defendant was recruited as the name of the legal entity and established the legal entity in the name of the defendant from April 2013 to the end of July 2013, 2013.

On July 23, 2013, the Defendant transferred to E two bank accounts (L, M), cash cards, and OTP cards, which are opened in the name of J Co., Ltd., at the front of the branch office of the K bank T-si, Nam-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police interrogation protocol to E;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (i.e., penance, size of crime, etc.);

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