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(영문) 부산지방법원 2016.04.06 2015고단8008
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence shall be confiscated from 25 to 30, 33 through 53, and 55 through 113.

Reasons

Punishment of the crime

No person shall distribute or keep access media with the knowledge that such media will be used for a crime or for a crime.

The defendant, together with E, opened a passbook in the name of the old-age corporation without substance, and conspired to sell it to the organization operating the illegal sports earth site.

Accordingly, on June 26, 2015, the Defendant opened a new bank account in the name of F at the point of the New Bank located in Busan Metropolitan City Shipping Daegu, and issued the above passbook, password, etc. to E at the time of discharge from the country. On November 24, 2015, the Defendant, in collusion with the Defendant’s residence located in Busan Metropolitan Government Htel 701 or at the J parking lot located in the same Gu I, in the name of U.S., a U.S., a U.S. corporation, in the name of 35 accounts listed in the attached Table of crime (M), including the Agricultural Bank Account (U.S.), which was opened in the name of U.S., a U.S. corporation, in the name of 35 accounts listed in the attached Table of Crimes (M), kept in order to sell the access media, such as the passbook card, the OTP card, etc. to a sports-related organization in collusion with the purpose of using it (i.e., “N.’s access”).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against theO;

1. A report on damage;

1. Each protocol of seizure;

1. Inquiry of transaction details, an application for transaction, and transaction details;

1. Provision of financial transaction information- Application of Acts and subordinate statutes, such as an application for opening an account;

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 Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. It is sufficiently anticipated that the crime of this case on the grounds of sentencing under Article 48(1)1 of the Criminal Act of confiscation can be abused for serious crimes, such as Bosing and Internet gambling, together with E.

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