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(영문) 서울남부지방법원 2018.01.12 2017고단5139
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall, in using and managing access media, borrow or lend access media with the knowledge that such media is to be used for a crime or to be used for a crime, unless otherwise provided for in other Acts.

On July 17, 2017, the Defendant requires a person who conducts money exchange work for operating a gambling site from a person who is in a name-free will.

5% of the money exchange will be paid.

Around July 19, 2017, at around 14:00, he/she borrowed an access medium with the knowledge that he/she will be used for a crime by transferring the physical card connected to the Defendant’s name bank’s account to the Defendant’s (B) bank prior to the departure of 8-ro 199, Jung-gu, Seoul, Jung-gu, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to a warrant of search and inspection;

1. Article 49 of the Act applicable to the facts constituting an offense and Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 3 (excluding punishment);

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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