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(영문) 대구지방법원 김천지원 2018.12.13 2018고정298

전자금융거래법위반

Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

No one shall borrow or lend any access medium with the knowledge that it is to be used for a crime or to be used for a crime, unless otherwise provided for in other Acts, in giving instructions in electronic financial transactions or using or managing any access medium used to secure the authenticity and accuracy of users and the details of such transactions.

Nevertheless, Defendant A, at a place where around June 8, 2018, the location and location cannot be known, should send a Kakao Stockholm conversation from the person in scaro to the site management in order to manage a foreign gambling site on a day.

“The Cze Card connected to his community credit cooperative account “B” was sent to the deceased on June 11, 2018, at around 17:00, Daegu Dong-gu, Daegu-gu, 550, and around 2, Dong-gu, Daegu-gu, 2018.

Accordingly, the Defendant knew that he will be used in the crime, sent a physical card connected to the "B" account in his name to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on trading;

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

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

1. Although there are favorable circumstances such as the Defendant’s reflection of the statutes of Article 334(1) of the Criminal Procedure Act and the primary offender, in light of the fact that the access media leased by the Defendant was used for the singishing crime, and that the Defendant lent an access medium knowing that it would be used in the management of the illegal gambling site, it cannot be deemed that the amount of fine for the summary order is more than three million won.