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(영문) 광주지방법원 목포지원 2019.06.14 2019고단262

도박공간개설등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 13, 2017, the Defendant was sentenced to imprisonment with labor for not more than ten months and two years of suspended sentence for a false accusation, etc. in the Gwangju District Court Branch on April 13, 2017, and the judgment becomes final and conclusive on August 31, 2017 and is currently under suspended sentence.

1. The defendant's sole crime;

(a) No person who violates the Electronic Financial Transactions Act shall transfer or acquire a means of access;

Nevertheless, on September 25, 2015, the Defendant proposed that “The Defendant would pay KRW 500,000 per month to the face-to-face account by transferring the account,” from Doman B (Death June 25, 2017) and consented to the fact that B would sell again the means of access to the said account to the operators of illegal gambling sites to use it as the operating account of gambling funds, and then, received an OTP connected to the account under the name of the Defendant (Account Number D), USB, password, and physical card connected to the bank account under the name of the Defendant, and received KRW 350,000,000 for about seven months.

In addition, from around that time to January 2017, the Defendant transferred to B the means of access, such as five accounts in the name of the Defendant and the body cards, passwords, and the USB with which an authorized certificate is stored, at least five times in total, as shown in the attached list 1 of crimes committed.

(b) No person who has violated the Special Act on Prevention of Loss and Refund of Loss Caused by Telecommunications-based Financial Fraud shall apply for remedy for loss caused by telecommunications-based financial fraud, such as payment suspension of an account exploited for fraud, with respect to a financial company managing an account that has remitted or transferred loss caused by telecommunications-based financial fraud or financial

【Special Act on Prevention of Loss and Refund of Loss Caused by Telecommunications-based Financial Fraud】 The Defendant is a financial company that manages an account that has wired or transferred the amount to a telecommunications-based financial fraud victim or a financial company that manages the account exploited for fraud.