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(영문) 춘천지방법원 2018.03.28 2018고정8
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall borrow or lend any access medium or distribute, keep and deliver any access medium while demanding, demanding, or promising to provide, demand, or promise the compensation.

Nevertheless, on September 17, 2017, the Defendant agreed to receive KRW 3 million from a person who has no name, from the Hongcheon-gun, Hongcheon-gun, Skwikset on September 17, 2017, and entered the physical card and password connected to the Defendant’s National Bank Account (Account Number C) on behalf of his name, via Kwikset service.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a warrant of search and inspection of seizure and a report on investigation (the verification of CCTV images released from a point of active duty service in a national bank);

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

1. As for the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, the crime of distributing the access media as in the instant case is deemed an element of sentencing unfavorable to the Defendant, in that the distributed access media is used as the means of the so-called Bosing crime or the means of delivering illegal Internet gambling funds, and the account connected with the access media leased by the Defendant is actually used for Bosing crimes, and the Defendant appears to have perceived that the access media transferred could be used for illegal acts such as tax evasion.

However, it appears that the defendant recognized each of the crimes of this case and reflected against each of the crimes of this case, and that the defendant received profits from the crimes of this case.

It is not visible that the defendant has no record of criminal punishment of suspension of qualification or heavier punishment, or of punishment for the same crime.

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