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(영문) 서울북부지방법원 2018.05.11 2017고단4938
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise provided for in other Acts, no person shall transfer or take over any access medium in using and managing the access medium.

Nevertheless, on May 2017, the Defendant is a person who is operating the Bana gambling business in the Bana from a deceased person with no name as a policeman.

When withdrawing cash in the Philippines, money in Korea shall be withdrawn because money exchange fees are attached.

5% of the face-to-face withdrawals will be paid to the employees of our company in exchange for the check-to-face card and top's check-to-face card by withdrawing money from our employees' check-to-face and transferring it top's account.

“In response to the proposal, at the end of the 19:30 on the 23th day of the same month, from the 1st day of the subway No. 1, the subway No. 88, the 1st day of the 19:30 on the 23th day of the same month, one check connected to the Defendant’s new bank account under the name of the Defendant, and one check card connected to the No. 1 and the No. Bank account (C) were sent to each party, and the password was notified.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes on the details of transactions of agricultural bank accounts;

1. Article 49 (4) 1 and Article 6 (3) 1 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. The sentencing of Articles 70(1) and 69(2) of the Criminal Act to be confined in the workhouses shall be determined as ordered in consideration of the following factors: (a) the accused’s age, sex, conduct, intelligence and environment; (b) motive, means and consequence of the crime; and (c) the punishment as ordered shall be determined in consideration of the circumstances after the crime.

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