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(영문) 수원지방법원 성남지원 2018.04.05 2018고정145
전자금융거래법위반
Text

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

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

Reasons

Punishment of the crime

[criminal records] On January 12, 2017, the Defendant was sentenced to a suspended sentence of six months of imprisonment with labor for aiding and abetting the violation of the National Sports Promotion Act (such as opening of gambling, etc.) in support of the Sungnam branch of Suwon Friwon, and the judgment became final and conclusive on January 20, 2017.

[Criminal facts] On September 2015, the Defendant created a corporate passbook used for the operation of the illegal gambling site with the Seochoman B, and conspired to transfer it to the above site operator and divide the profits therefrom.

On September 3, 2015, the Defendant received from B the entire certificate of corporate registration of C (Representative Director D) corporation, corporate business operator registration, corporate seal imprint certificate, and corporate seal imprint certificate from B, and thereafter opened C’s corporate bank account (Account Number E) using the above documents, etc. at the branch office of the company bank located in the branch office of the company bank located in the Dong-dong branch of the Dong-dong branch of the Gyeonggi-si branch of the Gyeonggi-si branch, and then received the passbook, OTP card, cash withdrawal card, etc. connected to the above account to B, and transferred B the above passbook, etc. to B, using Kwikset service from the Buddhist box at that time, using the above passbook’s name-free illegal gambling site operator.

In addition, from that time until September 7, 2015, the Defendant conspired with B over a total of three occasions, such as the [Attachment Table 1-3] and opened the account in the name of C, and transferred the access media used in electronic financial transactions to others around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect B by the prosecution; and

1. Investigation report (Analysis of details of transactions in the account of the F and C National Bank), investigation report (in whole, accompanying a certificate of registration);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes;

1. Article 49(4)1, Article 6(3)1, and Article 6(3)1 of the Act on Electronic Financial Transactions concerning criminal facts and the selection of fines (which reflects the defendant's gender, and which is equal to the case where the defendant's judgment is to be rendered simultaneously with the offense entered before the judgment.

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