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(영문) 부산지방법원 2016.05.26 2016고단1535
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

No person shall keep, 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.

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.

On July 24, 2015, around 12:00, the Defendant opened a deposit account (Account Number) in the name of the Busan Bank in the name of the representative of the corporation W (X) at the Busan Bank's dong-dong 110-73, Y at the above E's order, and issued the above passbook, password, etc. to E at the restaurant where it is impossible to know the trade name in the Seo-gu, Seo-gu, Daejeon.

As a result, the Defendant, in collusion with E, distributed and distributed access media with the knowledge that it will be used for a crime or a crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against X;

1. The written statement of the Z;

1. Application of Acts and subordinate statutes on the statement of electronic counterpart bank account, response to a request for provision of information on financial transactions, customer's basic information inquiry, bank transaction application (W), business registration certificate (W), power of attorney, certificate of employment, certificate of seal imprint, certificate of all registered matters, certificate of all registered matters, and provision of reference of transaction details;

1. The reason for sentencing of imprisonment with prison labor is that the Defendant commits the instant crime with the knowledge that the account entered in the criminal facts will be used in the illegal gambling site, and the actual account is used for the illegal purpose, such as the fraud of Internet goods, and the punishment is determined as ordered in light of the nature and content of the instant crime, frequency, degree of reflection, Defendant’s age, sexual behavior, environment, etc.

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