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(영문) 서울중앙지방법원 2017.12.20 2017고단7888
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

At the time of June 2010, the Defendant operated an overseas illegal gambling site in the Philippines.

D The request was made by “the purchase of a bank passbook, etc.”.

On June 23, 2010, the Defendant acquired the passbook from G, the Defendant’s seat, G, and cash cards, security cards, etc. related thereto, free of charge, from G, the Defendant’s seat, and from G, the Nonghyup Bank account in the name of G (H).

In addition, from June 23, 2010 to April 6, 2012, the Defendant acquired a total of nine bank accounts, cash cards, security cards, etc. in relation thereto, if he/she pays 30 to 400,000 won free of charge or a total of nine bank accounts, such as those listed in the list of crimes in attached Form.

Accordingly, the Defendant acquired access media used to give transaction instructions in electronic financial transactions or to secure the authenticity and accuracy of users and transaction details.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A protocol concerning the examination of each police officer in relation to I, J, K, G, L, or M;

1. Each investigation report (Nos. 14, 15, and 17 once a year);

1. Application of Acts and subordinate statutes of individual immigration status (No. 11 once a year);

1. Articles 49(4)1 and 6(3)1 of the former Electronic Financial Transactions Act (wholly amended by Act No. 13069, Jan. 20, 2015) regarding criminal facts

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between violations of the Electronic Financial Transactions Act by each medium of access that has been acquired at the same date);

1. Selection of each sentence of imprisonment;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes are as follows: (i) the defendant recognizes all criminal facts and reflects the criminal facts; (ii) there is no record of punishment heavier than the fine before the instant case; (iii) self-denunciation; and (iv) the fact that the benefit acquired directly from the instant crime is not significant.

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