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(영문) 수원지방법원 2018.05.15 2018고단364

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall keep, deliver or distribute any access medium for the purpose of using or managing the access medium.

At around 14:40 on November 6, 2017, the Defendant: (a) received 5% of the withdrawn amount from a casino that moves to the Republic of Korea; (b) around 4:40 on November 6, 2017, the Defendant kept access media for the purpose of using for the purpose of committing a crime, by holding a copy of one bank check (credit card number: D) in the name of the non-person in the name of Gangnam-gu Seoul Gangnam-gu, Seoul, with the intention of using it.

Summary of Evidence

1. Statement by the defendant in court;

1. A report (including attached documents) on the interrogation of the suspect against the accused;

1. Protocols of seizure by prosecution;

1. Application of Acts and subordinate statutes to a copy of a check;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 3 (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant received and possessed access media from his name in order to take part in the crime of importing and exchanging the proceeds of overseas casino in the country in an abnormal manner, and the crime of this case is not exceptionally against the nature of the crime.

However, the fact that the defendant recognized the crime of this case as the first offender, and expressed the defendant's participation in the money laundering crime as above is that the defendant was involved in the telephone financial fraud organization, and the defendant did not use the access media delivered by the defendant for the money laundering crime as a result of deceiving the defendant, and there are various other conditions for sentencing as shown in the records, such as the age, sex, environment, motive, means and consequence of the crime, situation after the crime.