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(영문) 창원지방법원 2017.10.18 2017고단2833
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

No person shall transfer or acquire any access medium for electronic financial transactions.

On June 22, 2017, the Defendant: (a) around 22, 2017, in front of the Gansung University located in Nam-gu, Busan, Nam-gu; (b) around 309, there is a need for an account to receive money for gambling from Korean people who use casino in the Philippines.

If the head of a Tong provides a security to manage the company's account, he/she received a proposal stating that he/she will give KRW 500,000 per day, and promised to receive KRW 500,00 per day on condition of transfer of the account, and then issued a new bank account (B) connected to the Defendant's name to the non-name-specific person.

Accordingly, the Defendant transferred the access media for electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A certificate of confirmation of transfer;

1. Application of the statutes on search and seizure inspection warrant and reply;

1. Relevant Article of the Act on Criminal facts and Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions through which punishment is selected (excluding punishment);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act was that the Defendant could receive KRW 500,000 per day on the condition of transfer of an access medium for gambling fund management, etc., but the Defendant could sufficiently be used for unlawful purposes, such as hearing the statement that he/she could receive KRW 50,000 per day on the condition of transfer of the access medium, but the nature of the crime is not good, and the Defendant transferred the access medium that was transferred to the Defendant for fraud, causing

However, the defendant recognized the crime of this case, and there is only the enemy who was subject to a disposition of juvenile protection or suspension of indictment, and there is no written criminal punishment.

In addition, the amount of damage caused by the above fraud, age, sex, environment, details and motive of the crime, circumstances after the crime, etc. and various sentencing conditions shown in the pleading shall be determined as ordered by taking into account the following factors.

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