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(영문) 서울서부지방법원 2018.02.07 2017고단3473
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four 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 other Acts, no person shall lend or lend any access medium, or store, deliver or distribute it with the knowledge that such medium is to be used for a crime or to be used for such crime.

The Defendant is a company that launds money on illegal gambling sites from C (Kakao Stockholm Stockholm) (hereinafter “Kakao Stockholm”) with an advertisement called “private gambling site exchange information,” using mobile text messages.

When sending a e-mail card, 5% of the withdrawn amount shall be paid in return for withdrawal with the relevant card and remittance. The consent was received from the proposal.

1. On July 10, 2017, the Defendant: (a) issued a e-mail card connected to the new bank account (E) in the name of the Defendant to D sent by C at 5 Gohap-ro, Mapo-gu, Seoul, 5 Gohap-ro, 3, 2017; and (b) lent the access media with the knowledge that the above e-mail card will be used for a crime or for a crime by giving C a password to C through KaKakao Stockholm.

2. The Defendant, at the time and place specified in paragraph 1, received one copy of the Saemaul Depository’s name and influence card (credit card number F) in the name of a person without a title, and kept the accessible media with the knowledge that it will be used for a crime or for a crime, in order to use it for the purpose of use in the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Copies of police seizure records and seizure list;

1. Application of Acts and subordinate statutes concerning dialogue with a merchant boat;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the act of withdrawing with the eck card that reflects his mistake and is kept in custody).

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