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(영문) 수원지방법원 성남지원 2016.05.20 2016고단742
국민체육진흥법위반(도박개장등)방조등
Text

[Defendant A] Defendant A shall be punished by imprisonment with prison labor for ten months.

[Defendant B] Defendant B is punished by imprisonment with prison labor for eight months

except that this shall not apply.

Reasons

Punishment of the crime

1. Defendants’ violation of the Electronic Financial Transactions Act

A. On January 19, 2015, Defendant A and Defendant B offered to Defendant B that “There are two corporations in the name of the Republic of Korea, one of them may be changed to four names, and the head of the Tong may be punished by money in the name of the corporation.” Defendant B consented to the proposal to transfer the access media, such as passbook and cash card, to the account in the name of the corporation that registered Defendant B as the representative, and the Defendants agreed to transfer the same. On January 19, 2015, the Seoul Central District Court completed the registration by changing the name of the representative director of “E” from the Seoul Central District Court to Defendant B.

Since then, around May 27, 2015, Defendant A instructed Defendant B, at the office No. 224 of the F Building 224 in Seoul Special Metropolitan City, to “the head of Tong, etc.”, Defendant B transferred KRW 500,000,00 from May 27, 2015 to the account opened by Defendant A through a door-to-door engineer whose name is unknown at the above office’s around May 27, 2015, the head of Tong, cash card, andOTP card to one bank account in the name of “E” (one name, “H”; hereinafter “H”), and Defendant A received KRW 50,00 from “H” to the account used by Defendant A for its payment, and Defendant B transferred the same media to the account opened from May 27, 2015 to 31, 2015 through the above method of access from May 27, 2015.

B. On February 2015, Defendant A and Defendant C’s joint crime proposed that Defendant C establish and sell a passbook in the name of the corporation by establishing a corporation “A, with documents necessary to establish a corporation,” at the office No. 224 of the Seoul Special Metropolitan City FF building No. 224, Seoul Special Metropolitan City. Defendant C consented to the proposal, and the Defendants agreed to the proposal, such as passbook and cash card in the name of the corporation that registered Defendant C as its representative.

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