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(영문) 대구지방법원 2018.07.19 2018고단1349

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no one shall lend any access medium while demanding, demanding or promising the consideration in using or managing an electronic card used in electronic financial transactions, electronic information equivalent thereto, certificate, password, etc.

1. On October 19, 2017, Defendant 2018, Defendant 1349: (a) received a proposal from a person in unsound name in Seoul (Seoul) around October 19, 2017 to “to offer KRW 1,00,000,000 from the account to be used for sports gambling games; and (b) on the same day, sent a physical card connected to the Defendant’s name bank account (Account Number B) to a person in secret through a high-speed bus service; and (c) received KRW 80,000,000 as a consideration.

Accordingly, the defendant paid the price and lent the access media in electronic financial transactions.

2. On October 23, 2017, Defendant 2018, Defendant 1956, called “the account to be used for the Internet gambling site is necessary,” and promised to receive the price from a person who was in secret name, as a mobile phone, to receive KRW 100,000,000 from the bank account in the month of lending the account, and then, sent the check card connected to the Defendant’s name bank account (Account Number C) at the high-speed bus terminal located in the Seocho-gu Seoul Metropolitan City distribution dong, and received KRW 60,000,000 in return.

Accordingly, the defendant paid the price and lent the access media in electronic financial transactions.

Summary of Evidence

[2018 Highest 1349]

1. Statement by the defendant in court;

1. Written statements of D;

1. The output of the screen to inquire about the details of deposit transactions (2018 high group 1956);

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to deposit money;

1. Article 49 (4) 2 and Article 6 (3) 2 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each sentence of imprisonment;

1. Aggravation concurrent crimes;