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(영문) 수원지방법원 성남지원 2018.12.20 2018고단2398
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant and the members of the organization that transferred the presidential passbook such as B and C established a so-called “D” company with no substance, and then opened the account under the name of the juristic person, and then deliver the access media connected to the account to the “D”, which is the total responsibility of the organization that transferred the presidential passbook, and the “D” conspireds to lend the presidential passbook to the winners of the presidential passbook such as the gambling site operator and the Bosing staff, etc., and to receive the fee and deliver it to the Defendant, etc.

1. Around June 23, 2016, the Defendant conspireds with B and C to enter false records in the electronic records, such as the official electronic records, and the fact in the Incheon District Court Branch Branch Branch of the Incheon District Court located in 16 as Gyeonggi Kim Jong-si, Kim Jong-si, on the following occasions: (a) although the Defendant did not establish E, the Defendant submitted an application for the establishment of a false corporation to the public official in charge of the establishment of the corporation; (b) had the public official in charge enter the contents of the above application in the registration book of the corporation of the commercial electronic data processing system; (c) around that time, by allowing the public official in charge to keep the commercial registration electronic data processing system stating such false facts in the form of the commercial registration electronic data processing system to use it; and (d) exercised it by allowing the public official in charge to submit an application for the establishment of a false corporation registration at least ten times as in attached Table 1, a list of crimes committed from January 18, 2017.

2. No person who violates the Electronic Financial Transactions Act shall borrow or lend any access medium, or store, deliver or distribute it with the knowledge that such medium is to be used for a crime or to be used for a crime;

Nevertheless, the Defendant knew that the access media received by a person under whose name the passbook was sent through D was used for a crime of phishing or illegal gambling site, etc., but on June 27, 2016.

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