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(영문) 인천지방법원 2017.12.20 2017고단5769
사문서위조등
Text

A defendant shall be punished by imprisonment for one year.

The evidence seized Nos. 1 through 10 shall be confiscated from the accused respectively.

Reasons

Punishment of the crime

[criminal history] On May 22, 2014, the Defendant was sentenced to one year of imprisonment for fraud in the Incheon District Court’s Vice-Support, and the Seoul Southern Prison was released on January 30, 2015 during the execution of the sentence, and the parole period passed on March 17, 2015.

[Criminal facts]

1. Violation C of the Electronic Financial Transactions Act is a legal entity that has no real entity (the so-called “old legal entity” hereinafter) and opened an account under the name of the legal entity and sells an account at a certain price to a criminal organization, such as sports earth and sand.

On May 2017, the Defendant received a proposal to work together from the above C, and prepared some data related to the opening of an account in response to the proposal, set up a bank’s opening of an account, and opened an account by the agent, and thought to deliver the passbook, card, etc. connected to the account to the said C.

When Defendant, C, etc. created a book in the name of a juristic person by using an account opening agent and deliver a passbook, check card, etc. connected to the account to C, C, etc. was urged to sell the passbook, check card, etc. to the criminal organization.

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium or keep, deliver or distribute such medium with the knowledge that it is intended to receive, request or promise any consideration, to use it for a crime, or to use it for a crime.

Nevertheless, around May 4, 2017, the Defendant issued a certified copy of the registry, business registration certificate, proxy certificate, and seal imprint certificate of the E-based corporation to D, an agent for opening an account at the Dopo-gun branch of the Cheongjin-gun, Incheon, Incheon, and ordered D to open an account in the course of submitting the above documents. D, while acting as the agent of the E-based corporation, opened the NAF account in the name of E-based corporation and opened the passbook, check card, etc. connected to the account.

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