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(영문) 인천지방법원 2018.11.22 2018고단6992

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 2018, the Defendant would offer KRW 600,000 as the monthly salary of each month to confirm whether the account of those who opened the passbook is available, such as the head of the Tong, by creating and selling the passbook, and the head of the Tong is available.

“In receipt of a proposal to the effect that “, with knowledge of the fact that the access media to verify whether the Defendant sells or uses it, was used in the operation of an illegal private gambling site, the following crimes were committed:

1. On April 11, 2018, the Defendant: (a) opened a bank account in the name of the Defendant Company E (F) in which the Defendant was his/her representative at a branch outside the Bank; (b) transferred a passbook, check card, OTP card, etc. connected to the said account to D at that time; and (c) transferred from that time to July 31, 2018, through the same method, such as passbook, check card, etc. connected to 27 accounts as shown in the List of Crimes Nos. 1. 31, 2018.

2. On September 6, 2018, the Defendant stored an access medium: around 21:00, the same month after sending out 19 access media from Kwikset Service Workers who sent name unsatisfies around the Skwikset distance in Incheon Gyeyang-gu.

7. Around 06:50, around 06:50, it was tried to verify whether it is available in the Nam-gu G, Incheon, and the 3th HPC room.

As a result, the defendant kept the access media of electronic financial transactions even though he is aware that he will be used in the crime at the same time as receiving the price.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of seizure and list of seized articles, photographs of seized articles and defendant's pocket book, photographs of seized articles, certified copies of each register, certified copies of each financial transaction reply, details of each account transaction, etc.;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 49(4)1 and 6(3)1 (a) and 6(3)2 of the Act on the Electronic Financial Transactions and Trade (the transfer of access media) regarding criminal facts under the pertinent Act; Articles 49(4)2 and 6(3)2 of the said Act (the payment for consideration) of each Act on the Electronic Financial Transactions and Trade.