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(영문) 서울남부지방법원 2018.11.21 2018고단3504 (1)
한국마사회법위반(도박개장등)방조등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

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.

1. On August 25, 2014, the Defendant: (a) opened a corporate bank account (C) with the Defendant’s name around August 25, 2014 upon receipt of a request from B to request the withdrawal of the passbook; and (b) transferred the passbook, debit card, password, Internet banking ID and password, and the OTP card, etc. to B in Gangseo-gu Seoul Metropolitan Government “E” book.

2. On April 22, 2015, upon receipt of a request from B to request for the withdrawal of a passbook, the Defendant opened a bank account under the name of the Defendant on April 22, 2015, and around that time, transferred the passbook, debit card, password, Internet banking ID and password, andOTP card, etc. from the “E” book located in Gangseo-gu Seoul Metropolitan Government D.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols concerning examination of the accused and B by each prosecutor concerning the accused and B;

1. Application of Acts and subordinate statutes to a investigative report (gambling the current status of the operation of the gambling site in this case);

1. Relevant Article of the Act and Articles 49 (4) 1 and 6 (3) 1 (a transfer of access media) of the Electronic Financial Transactions Act and the selection of imprisonment, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the Defendant had been sentenced to three times a fine; (b) the access media provided by the Defendant was used to commit the Defendant’s Internet gambling site crime; (c) the Defendant led to confession; and (d) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (c) the instant records and changes, including the circumstances after the crime.

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