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(영문) 서울중앙지방법원 2019.02.15 2018고단4908 (1)
공전자기록등불실기재등
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On February 10, 2017, Defendant A was sentenced to two years of imprisonment with prison labor for a violation of the Electronic Financial Transactions Act by the Incheon District Court on February 18, 2017, and the said judgment became final and conclusive on February 18, 2017. On May 25, 2017, Defendant A was sentenced to two years of suspended sentence for one year of imprisonment with prison labor for the same crime, etc. in the same court, and the said judgment was finalized on June 2, 2017.

Defendant

On March 8, 2018, the J was sentenced by the Incheon District Court to imprisonment with labor for a violation of the Electronic Financial Transactions Act and the sentence was finalized on March 16, 2018.

Defendant

N on April 12, 2018, in order to prevent the violation of the Electronic Financial Transactions Act, N was sentenced to imprisonment for ten months with prison labor for the violation of the Electronic Financial Transactions Act, and the said judgment became final and conclusive on April 20, 2018.

Defendant

I was sentenced to a suspended sentence of three years on April 26, 2018 at the Incheon District Court on December 21, 2017 due to the crime of false entry into public electromagnetic records, etc., and the judgment was finalized on April 26, 2018.

[Public Offering Relations] R and S: (a) from around 2015 to a middle school-friendly relationship, transferred an Internet banking account to a name-free person who operates an illegal sports gambling site; (b) it is possible to open an account without revealing an individual’s name; and (c) it is possible to open a number of accounts per legal entity; and (d) it created a false articles of association and minutes; (b) it has issued a business registration certificate under the name of the old legal entity; and (c) it had the intent to open and sell an account under the name of the old legal entity.

R and S mean, around February 2016, T and Defendant A to the effect that “it is difficult to borrow the name because our friendships are going to the company or live a social life due to age. It is intended to establish a floating corporation in the name of the head of Tong and then, and the head of Tong will be 600,000 won to 700,000 won per head of Tong by opening an account in the name of the juristic person.” It means that “I know to the persons who opened the account with the money and distribute it to them.”

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