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(영문) 대전지방법원 천안지원 2017.08.25 2017고단1154
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall borrow or lend any access medium with the knowledge that it is intended to be used for a crime or intended to be used for a crime in using or managing the access medium.

Nevertheless, on February 3, 2017, the Defendant operated a “C” Internet gambling site from a person who is a one-time “B” around February 3, 2017, and exchanged it by using a code. It will be KRW 500,000 per day on the day of the exchange.

“In receipt of a proposal, the Cze Card connected to the account in the name of the Defendant for the said money exchange was lent to the end of the loan, and on February 5, 2017, the Cze Card was sent to the one connected to the new bank account in the name of the Defendant and the one connected to the No. 3 (E) account in the name of the Defendant at 43 (New-dong) Nam-dong, Nam-gu, Nam-gu, Seoul Special Metropolitan City around 19:10 on February 5, 2017, to the one whose name is not known by using a hand-book connected to the No. 1 of the Defendant’s name.

As a result, the Defendant used access media with the knowledge that they will be used for crime purposes or crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A report or a written petition;

1. Application of Acts and subordinate statutes regarding transaction details;

1. Articles 49(4)2 and 6(3)3 of the Act on the Electronic Financial Transactions and Trade in question; Articles 40 and 50 of the same Act concerning criminal facts;

1. Selection of imprisonment with prison labor chosen;

1. The act of lending a medium of access to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution is likely to be abused for a crime, and thus requires strict punishment. The act of lending a medium of access to the sentencing under Article 62(1) of the Criminal Act requires strict punishment, even though it is known that it will be used for the crime prior to the exchange of illegal gambling sites, it is an initial offender, and it is against the nature of the crime.

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