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(영문) 의정부지방법원 2020.01.30 2018고단5224
전자금융거래법위반등
Text

Defendants shall be punished by imprisonment for six months.

However, with respect to Defendant B, it shall be for 2 years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A was sentenced to eight months of imprisonment for fraud, etc. at the Seoul Southern District Court on July 26, 2013, and the execution of the above sentence was terminated at the Sungsung vocational training prison on April 15, 2015, and on December 11, 2018, on December 19, 2018, the judgment became final and conclusive on December 19, 2018.

On February 2, 2018, Defendant A received a proposal from the needy that “When sending the means of access, such as a passbook, etc. established in the name of a juristic person after establishing a juristic person, Defendant A would give KRW 200-3 million.” On or around the 22th of the same month, Defendant A had C, the Defendant’s branch, registered the business with the trade name of “stock company D” and established a juristic person.

1. From March 7, 2018 to around the 9th of the same month, the Defendant transferred the means of access by sending the means of access, such as passbooks, cash cards, security cards, etc. connected to the account in the name of the above company (Account Number:F) received from C through the Defendant’s wife from March 7, 2018 to the designated place from March 9 of the same month.

2. From April 12, 2018 to around the 13th day of the same month, the Defendant transferred the means of access by means of sending the means of access, such as passbook, cash card, security card, etc. connected to the bank account in the name of the said company, which was drawn from C via the Defendant’s wife, to a designated place from the point of view from April 12, 2018 to the 13th day of the same month.

Defendant A created a fake corporate entrepreneur to Defendant B, and proposed that he would open a bankbook in the name of the corporate entrepreneur, and sell it to the gambling site operator, etc., and Defendant B conspired to create a corporate entrepreneur under his own name after accepting it.

1. False entry, false entry, and electromagnetic records;

A. The Defendant A, a corporation, has the seal necessary for the incorporation of the corporation from Defendant B.

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