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(영문) 대구지방법원 서부지원 2016.07.22 2016고단506 (1)

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant was proposed to offer money of KRW 30,000 from KRW 20,000 to KRW 300,000 per account when he/she opened a passbook from Park G, which is a general book for the solicitation of passbooks to be used in the management of gambling funds, such as "C," and "D," which is an Internet gambling site.

1. On November 2013, the transferor Defendant transferred to E the access media, such as cash cards and passwords, connected to the Defendant’s bank’s account (H) account of the Republic of Korea, before the “G convenience store” located in Daegu-gun, 2013. On February 2, 2014, the transferor transferred to E the access media, such as cash cards and passwords, connected with the Defendant’s National Bank Account (I) and the Nonghyup Account (J) at the same place.

2. On March 2014, the Defendant assisted L to transfer the access media, such as cash cards, passwords, etc. connected to LAB bank accounts, to E, by stating that “it is possible to fill a passbook to E” at L’s residence located in G, G, Gyeongdong-gun, G, Gyeongdong-gun, the Defendant arranged L to transfer the passbook to E.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes to investigation reports (as to the list of recipients A of suspect A);

1. Article 49 (4) 1, Article 6 (3) 1 (a) of the Act on the Electronic Financial Transactions (a transfer of an access medium), Article 49 (4) 4, Article 6 (3) 5, and 1 of the Act on the Electronic Financial Transactions (a referral of the transfer of an access medium) concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. It is so decided as per Disposition in view of the reason, frequency, age, motive, criminal records, etc. of sentencing under Article 334(1) of the Criminal Procedure Act.