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(영문) 서울서부지방법원 2018.08.16 2017고단3343
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On January 10, 2014, the Defendant was sentenced to one year by the Seoul High Court for interference with the performance of special official duties, etc., and was released on May 2, 2014 during the execution of the said sentence, and the remaining term of the sentence was imposed on June 20, 2014.

No person shall lend any access medium, or store, deliver or distribute it, knowing that such medium is to be used for a crime.

Nevertheless, around April 2016, the Defendant, at the “C” coffee shop located in Mapo-gu Seoul Metropolitan Government, delivered the above Internet gambling site to LW with knowledge that the access media, such as the following: D’s bank account (F), the E bank account in the name of Limited Company G, and the J bank account in the name of J Bank account in the name of Limited Company I, and each body card (K), the password, theOTP, and the USB in which the official seal is stored, are used for the operation, etc. of the illegal Internet gambling site.

Accordingly, the defendant knew that he will be used in the crime, sent the access media for electronic financial transactions to L.

Summary of Evidence

1. The defendant's legal statement (as at the fifth public trial date);

1. Statement made by prosecution against M;

1. A copy of each protocol concerning the examination of suspect of M or N (three times and the identity of the suspect);

1. Application of investigation report (referring to the establishment of a gambling space for which access media has been transmitted) (applicable to the Acts and subordinate statutes;

1. Article 49 (4) 2 and Article 6 (3) 3 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 a selective fine for punishment (the defendant confessions and reflects the crime of this case, the defendant delivered the access medium of this case to L, but it is unclear whether or not there exists any benefit acquired by the defendant, and the size of the access medium delivered by the defendant, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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