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(영문) 부산지방법원 동부지원 2016.07.07 2016고단490
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. Except as otherwise expressly provided for in any other Act, no one shall borrow or lend any access medium, or store, deliver or distribute such medium while receiving, demanding or promising to receive, demand or promise the consideration;

On August 8, 2015, the Defendant borrowed a passbook to be used in the gambling site from the Seochoman B to the operator of the sports Saturday site, and paid 500,000 won per one head of the Tong per month.

In the event of a problem, "a fine will also be granted instead of a fine" was accepted by the proposal.

Accordingly, on August 13, 2015, the Defendant registered the business operator as “C” in the name of the Defendant at the Gun Office of the captain located in the Busan Metropolitan City captain-gun Eup, Busan Metropolitan City captain-gun, and opened a bank account (Account Number:D) at a branch of the corporate bank’s articles of incorporation in the same Gun; and the same year.

8. He sent a box containing passbooks, cash cards, OTP cards, and passwords at a bus terminal located in the Simpo-dong in Busan Metropolitan City, Simpo-gu, Busan, to a person who is called “E”, which is known to B by using a box.

As a result, the Defendant promised to receive the access media for electronic financial transactions in return for payment.

2. On September 16, 2015, the Defendant received B’s proposal as described in paragraph 1, and opened a “C” bank account at the point of the entry of the national bank located in the plane captain, Gun, and Eup in the Busan Metropolitan City, the Defendant sent the boxes of the above national bank, cash card,OTP card, and password to the “E” who notified B of B by using the boxes’ home, and then sent them to the Defendant for payment for the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A screen of gambling site data;

1.C.

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