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(영문) 광주지방법원 2018.05.17 2018고정355
전자금융거래법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall borrow or lend any access medium, or store, deliver or distribute such medium with the knowledge that such medium is to be used for a crime or to be used for a crime, unless otherwise provided for in any other Act, in using or managing the access medium;

Nevertheless, on January 1, 2016, the Defendant lent a corporate bank passbook (Account Number: E), e-mail card, and OTP card under the name of the Defendant to D with the knowledge that it would be used for the Internet gambling in front of the office of “C” in Seo-gu, Seo-gu, Gwangju.

Accordingly, the defendant, knowing that he will be used in the crime, lent a approaching medium.

2. From February 25, 2016 to March 10, 2016, the Defendant: (a) deposited KRW 295,05,050,000 in total over 85 times as indicated in the attached Table of Offenses; (b) thereby aiding and abetting D’s gambling in Gwangju; and (c) in order to assist D’s gambling from a corporate bank account under the name of the Defendant with knowledge of the fact that D is gambling at F, an Internet gambling site; and (d) thereby, in order to assist B, from the corporate bank account under the name of the Defendant, the operator of the said website (a bank account under the name of the limited company G, a corporate bank H, and a foreign exchange bank under the name of the limited company I, and a foreign exchange bank under the name of K).

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect examination of D; and

1. Details of gambling transactions in each site operation account (applicable to statutes governing company G, I, and K with limited liability);

1. Relevant legal provisions and Articles 49(4)2 and 6(3)3 (a) of the former Electronic Financial Transactions Act (amended by Act No. 13929, Jan. 27, 2016) regarding criminal facts; and Articles 246(1) and 32 (a) of the Criminal Act regarding the selection of a sentence for criminal facts;

1. Article 32(2) and Article 55(1)6 (limited to aiding and abetting gambling) of the Criminal Act mitigated;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the aggregate of the amounts of the above two crimes) shall be aggravated for concurrent crimes;

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

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