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(영문) 대구지방법원 2019.01.17 2018고단4151
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

No one shall transfer or acquire any means of access in using and managing the means of access.

Nevertheless, around November 15, 2017, the Defendant registered the business operator of the “C” in the Songpa-gu Seoul Metropolitan Government, and opened the said corporate name account at a branch office in Songpa-gu Seoul Metropolitan Government (E) around the 23th day of the same month, and transferred the passbook, the check card, the OTP card, etc. to the winners.

Accordingly, the Defendant transferred the means of access.

around November 22, 2017, the Defendant stated “A” in the name of the corporation “F”, “F” in the representative column, “H”, and “A” in the business registration application form, and submitted the report of incorporation and the application form for registration of the business to a public official under the name of the Gu, who is unaware of the fact, at the Guro-gu Civil Service Center in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, about November 22, 2017, where there was no delegation from F to F on the report of incorporation and the preparation of the application for business registration.

Accordingly, the defendant, for the purpose of exercising the F's proxy qualification, prepared a report on the establishment of a private document and an application for business registration, which is a private document on rights and duties, and exercised it.

Summary of Evidence

"2018 Highest 4151"

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each written statement of I, J, K, and L;

1. A written petition of M;

1. “The 2018 Highest 45425”, such as the screen screen, remittance certificate, deposit details, and aN dialogue course, a certificate of transfer, and a statement of remittance on the screen and the NA dialogues;

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to report incorporation and business registration;

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

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