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(영문) 대구지방법원 포항지원 2018.05.16 2018고단206
전자금융거래법위반
Text

Defendant

A Imprisonment for one year, Defendant B is punished by a fine of KRW 3,00,000, and Defendant C and D are punished by a fine of KRW 2,000,00.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium with the receipt, demand or promise of compensation, or keep, deliver or distribute it for a crime, or lend or lease any access medium with the knowledge that it will be used for a crime, or store, deliver or distribute it with the knowledge that it will be used for such crime.

1. On March 2016, the Defendant: (a) at G’s office located in the Southern-gu, South-west Port F of North Korea, around 17:00; (b) despite having been well aware of the fact that G purchases another’s access media for the purpose of using the illegal gambling site, the Defendant sent G with the access media, such as passbook, physical card, and password connected to the national bank account in the name of the Defendant (H).

In addition, from around that time to March 2017, the Defendant transferred G access media connected to the bank accounts in the name of Defendant I, I, J, K, K, L, C, and D, by being well aware of the above purpose of G throughout a total of 11 times, such as the list of crimes in the attached list of crimes.

Accordingly, the defendant knew that he will be used in the crime, and delivered the access media to G.

2. On June 2016, Defendant B: (a) heard the horses that “I will give more money to the head of the Tong/Myeon account and more than KRW 100,000 per page by extending the period of use” from Defendant B, and (b) obtained consent to the lending of the head of the Tong, etc. connected to the account under the name of the Defendant to A.

On June 2016, around 20:00, the Defendant transferred a passbook, physical card, and password connected to the accounts of the Saemaul Bank in the name of the Defendant (O: the account number) and the Agricultural Cooperative (P: the account number) and received KRW 100,000 from A in return.

Accordingly, the defendant receives compensation and the defendant.

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