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(영문) 서울중앙지방법원 2017.07.05 2017고정767

전자금융거래법위반

Text

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

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

Reasons

Punishment of the crime

On November 4, 2016, the Defendant was sentenced to a suspended sentence of two years and three years of imprisonment with prison labor for special robbery at the Seoul Central District Court, and the said judgment became final and conclusive on the 12th of the same month.

(1) On April 2016, the Defendant: (a) in collusion with B knowing that each electronic financial transaction approach medium that he/she borrows will be used as an illegal sports gambling site's gambling account; (b) paid 300,000 won to C in front of the bicycle rental shop in Songpa-gu Seoul, Songpa-gu; (c) borrowed the cash card, password,OTP, and official seal certificate of the company bank account in the name of D; and (b) in front of the G cafeteria located in Songpa-gu Seoul on March 2016, the Defendant agreed to pay 40,000 won to H; and (d) received a letter of the cash card, password,OTP, and official seal; and (c) received a loan from 200,000,000 won in front of the above H bank account; and (d) received a loan from 4,000,000 won in Seoul on April 20, 2016 to pay 80,000,000

Summary of Evidence

1. A protocol concerning the examination of each police officer against J, H, L, or D;

1. Previous convictions in judgment: Application of the provisions of Acts and subordinate statutes concerning inquiries about criminal history, text of judgment and personal confinement;

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 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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