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(영문) 광주지방법원 장흥지원 2018.09.20 2018고단91
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

No one shall lend any access medium with a promise to pay for the use and management of the access medium.

On December 2, 2017, the Defendant provided gambling services to sports players, entrepreneurs, etc. who come from overseas gambling, from a person in an influence of his/her name, at the influent land of the Southern He/she was no longer than the Korean War.

It is necessary to pay KRW 300,000 per day for gambling-related account management.

In order to register the employee, the member accepted the proposal of "the forwarding of the physical card".

On January 2, 2018, at around 13:20, the Defendant sent a name-free box to the Saemaul Treasury Account (B) under the name of the Defendant, which was linked to the name of the Defendant, in front of the exit No. 5 calendar calendar 3, Gangnam-gu, Seoul, Seo-gu, Seoul, and notified the password to the Kakao Stockholm.

As a result, the Defendant promised to receive intangible expectation benefits that can receive KRW 300,000 per day and lent the approach media.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the Kakao Stockholm content submitted by the accused);

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes governing deposit verification;

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 (excluding punishment); Article 6 (3) 2 of the same Act (excluding punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In full view of the elements of sentencing under Article 334(1) of the Criminal Procedure Act as well as the elements of sentencing under the grounds for sentencing, and all the conditions of sentencing as shown in the records and arguments, including the Defendant’s age, sexual conduct, environment, circumstances before and after the crime, and circumstances before and after the crime, the punishment is determined as ordered.

The elements of favorable sentencing: The defendant acknowledges and reflects his mistake, and there is no record of criminal punishment heavier than imprisonment without prison labor;

. Unfavorable sentencing elements: The leased approach media is used for crimes such as Bosing, etc., so there is a high need for punishment, and in this case the Defendant’s check card is used for the crime.

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