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(영문) 서울서부지방법원 2017.05.19 2016고단3711
국민체육진흥법위반(도박개장등)등
Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 3 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act by a defendant A shall borrow any access medium with the knowledge that such medium is to be used for a crime or to be used for a crime;

A. Nevertheless, around August 12, 2015, the Defendant leased a accessible medium, such as a physical card connected to G’s corporate bank account (H) and an OTP (one-time password generated) with a view to using it as a gold deposit account at the illegal sports soil site in the G around August 12, 2015.

B. On July 2016, the Defendant borrowed an access medium, such as a physical card connected to G’s Saemaul Bank Account (I) and an OTP (one-time password generation machine) from G for the purpose of using it as a gold deposit account at the illegal sports earth site around Seoul.

2. No person who violates the Electronic Financial Transactions Act shall take over any access medium used in electronic financial transactions;

On June 2015, the Defendant: (a) at the Changcheon-dong, Seodaemun-gu, Seoul; (b) from J to a corporate bank account under J, the Defendant took over one million won and transferred the access media, such as a passbook, password, physical card, and OTP (a single password creation device) connected to the company bank account (K) under J.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement by the witness J;

1. Copy of the protocol concerning interrogation of the police officer in G;

1. Application of statutes on the details of transactions in the accounts of Saemaul Bank in the name of G used by A;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Determination of penalty under Article 49(4)2, Article 6(3)3, and Article 6(3)3 of each Electronic Financial Transaction Act;

B. Defendant B: Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act; selection of fines

1. A aggravated defendant for concurrent crimes: The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The portion not guilty under Article 334(1) of the Criminal Procedure Act

1. Summary of the facts charged

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