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(영문) 광주지방법원 목포지원 2017.11.09 2017고단509
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

As the representative director of the corporation B, the defendant sent access media such as the passbook in the name of the above corporation to C, and C sold the access media received from the defendant to the name in the Internet private gambling site, and came to be divided into the defendant in return for the payment of the price.

No person shall borrow or lend, or store, deliver or distribute any access medium with the knowledge that such medium is to be used for a crime or to be used in such crime.

Nevertheless, on April 10, 2017, the Defendant: (a) opened the access media, such as the Nong Bank account (Account Number: E); (b) the Saemaul Bank account in the name of the said company; (c) the credit union account in the name of the said company; (d) the national bank account in the name of the said company (Account Number: G); and (e) the account of the national bank account in the name of the said company; and (e) the OTP; and (c) while keeping the access media received from the Defendant on April 10, 2017, the Defendant transferred the access media, such as the head of the Tong-gu, Daejeon-gu, Daejeon, Daejeon, Daejeon, 1689, using the access media, such as the head of the bank account in the name of the said company, to the irregular who operates the Internet gambling site.

As a result, the Defendant conspired with C to store and distribute access media with the knowledge that it will be used in the crime of a person without a name.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. Investigation report (Attachment of details related to crimes within suspect mobile phones);

1. A report on investigation (attaching photographs of seized articles);

1. Investigation report (verification of entire certificate of registered matters B);

1. Investigation report (Confirmation of relevance to crime with corporation B);

1. Investigation report (production of CD details of criminal account transactions), application of CD-related Acts and subordinate statutes;

1. Article 49 (4) 2 and Article 6 (3) 3 of the Act on the Electronic Financial Transactions, Article 30 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Code of Trade and Trade.

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