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(영문) 춘천지방법원 강릉지원 2019.07.04 2019고단553
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 2017, the Defendant, at the end of the Dong Sea, proposed to the effect that “I will give KRW 1 million per week to operate the illegal sports soil site” from the land E at the mobile phone store in the Dong Sea, and around March 2017, the Defendant, at the Dong Sea Post office located in the Dongdongdong-dong, set up one passbook and one OTP device connected to E in the name of the Defendant’s post office (F) at the end of the Dong Sea Office in the Dong Sea-dong-dong, the end of which was around March 2017.

As a result, the Defendant promised to pay and lent the means of access to electronic financial transactions even though he knows that they will be used for crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Investigative reports (informating information on post office accounts of suspects and details of transactions), and making inquiries into details of financial transactions into post office accounts of suspects;

1. Investigation reports (Attachment to the judgment of Defendant E);

1. Application of Acts and subordinate statutes to report on investigation (report on the hearing of statements by co-suspects as to the place, amount, etc. of this case);

1. Relevant Articles 49(4)2 and 6(3)2 of the Electronic Financial Transactions Act concerning criminal facts (the lending of the means of access while promising compensation), Articles 49(4)2 and 6(3)3 of the Electronic Financial Transactions Act (the lending of the means of access while knowing that it is to be used for a crime);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to sentencing under Article 62-2 of the Social Service Order Criminal Act: The act of lending the means of access to another person, like the instant crime, needs to be strictly punished because it can be used as a means of other crime, such as scam, etc.; the Defendant, knowing that the means of access he/she lent the means of access is used for the crime of illegal sports entertainment; circumstances favorable to the receipt of money in return for the means of access: The Defendant has no record of punishment for the same kind of crime; the Defendant’s age, character, character, environment;

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