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(영문) 수원지방법원 2018.05.30 2018고단1711
전자금융거래법위반
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. If the defendant does not pay the above fine, 50 days.

Reasons

Punishment of the crime

No one shall lend any access medium while receiving, demanding, or promising to receive compensation in using or managing the access medium.

Nevertheless, around 13:00 on February 21, 2018, the Defendant promised to receive 5% of the illegal gambling funds deposited in the deposit account in the name of the Defendant from a person who was unable to know the name of operating the illegal online casino site "C" at the street in front of the bottled rice store 97, Madro, Madro, Madro, Madro, to receive usage fees from the person who was unable to know that he operated the illegal online casino site at the deposit account in the name of the Defendant, and provided the password to a person whose name is not known, two physical cards, which are each approaching media of the Saemaul Bank Deposit Account (Account Number: D) and the Kakao Bank Deposit Account (Account Number: E).

Accordingly, the Defendant promised to pay for the damages and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. Financial information on the Saemaul Bank's answer and a certificate of confirmation of transfer;

1. The application of statutes on the contents of Kakao dialogue between A and a person in unsound name, who dialogues with respect to the lending of Kaka Card;

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

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

1. Selection of an alternative fine for punishment;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the detention in the workhouse is [the scope of statutory penalty] imprisonment with prison labor for not more than three years or by a fine not exceeding twenty million won [the decision of a sentence]: In light of the fact that there is a need to strictize the act of lending access media, which is the beginning of the crime of Bosing, and the defendant is judged to have committed such crime with the risk of punishment in order to recognize the illegal act of lending access media and gain pecuniary gain, and thereby, the victim of actual fraud was generated, and the number of access media leased is more favorable.

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