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(영문) 서울중앙지방법원 2018.01.10 2017고정3195

전자금융거래법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall transfer an electronic card, certificate of use, password, etc., which is a medium access to electronic financial transactions issued by a financial institution, or lend it with the knowledge that it will be used for a purpose or crime, or use it for the transfer, request or promise of consideration.

On February 20, 2017, the Defendant: (a) promised to receive KRW 400,000 for one e-mail card connected to the bank account from the operator of an illegal sports earth entertainment site in Mapo-gu Seoul to receive from the operator of the e-mail site; (b) around that time, the Defendant’s name cannot be known of one e-mail card connected to the bank account in the name of the Defendant’s bank account (E); and (c) sent Kwikset service articles with a e-mail and a e-mail of the above e-mail card to the Kwikset service articles

In a way of informing the operator of the gambling site, it was provided to the operator of the gambling site.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The document of F;

1. Statement made by the police with regard to F;

1. Details of remittance of compensation for damage;

1. Application of statutes;

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 (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;