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(영문) 서울중앙지방법원 2019.06.26 2019고단1377

전자금융거래법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 30, 2016, the Defendant was sentenced to a suspended sentence of three years on April 27, 2017 by imprisonment with prison labor for violating the National Sports Promotion Act (Gambling, etc.) at the Gwangju District Court on June 30, 201.

Criminal facts

No person may transfer or acquire a means of access.

The Defendant, along with B, conspired with Vietnam, to recruit a large passbook to be used in operating the sports earth site.

On October 1, 2015, the Defendant received the means of access, at a cost, such as the F Bank Account (Account Number: G), H Bank Account (Account Number: I), Enterprise Bank Account (Account Number: J), K Union Account (Account Number: Account Number: L) and K Bank Account (Account Number: Account Number): passbook, password, Internet banking IBD, OTP card, etc. in Gangnam-gu Seoul.

The Defendant, including this, acquired 182 means of access in collusion with B from September 2015 to April 2016, as stated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Consolidated case inquiry, a copy of the judgment, a copy of indictment (14 pages of evidence), a report on investigation (Attachment to a copy, etc. of the judgment), inquiry into an integrated case, a copy of the judgment (223 pages of evidence), and a report on investigation (repreparation of a list of crimes);

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a copy, etc. of a written judgment), consolidated case inquiry, copy of a written judgment (Evidence Records 212 pages);

1. Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act and Article 30 of the Criminal Act concerning criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. From among concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is that the defendant recognized each of the crimes in this case and reflects the mistake, and that there is no record of punishment for the same crime, etc. are favorable to the defendant.

However, each of the crimes of this case is significant for the defendant.