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A defendant shall be punished by imprisonment with prison labor for four 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. No person who violates the Electronic Financial Transactions Act shall borrow or lend any access medium, or store, deliver or distribute such medium with the knowledge that such medium is to be used for a crime or to be used for an offense, unless otherwise provided for in any other Act, in using or managing the access medium;
Nevertheless, around June 6, 2016, the Defendant sent an access medium with the knowledge that it will be used for a crime by delivering a copy of the Saemaul Bank Card (C) in the name of No. 1 in the name of No. 1 in the name of No. 1 in the name of No. 1 in the name of No. 1 in the name of No. 1 in the name of No. 1 in the name of No. 2 and No. 1 in the name of No. 2 in the name of No. 1 in the name of
2. A person, other than a person who violates the National Sports Promotion Act (Gambling, etc.), the Korea Sports Promotion Foundation and an entrusted business entity, shall not engage in any act of providing property or property benefits to persons who win the results of sports promotion by issuing voting rights or things similar thereto, and shall not engage in gambling using such prohibited act;
Nevertheless, the Defendant, from June 9, 2015 to May 16, 2016, visited E (F) a gambling site, such as an illegal private sports soil, at the Defendant’s residence located in the Namdong-gu Incheon Metropolitan City’s residential area, conducted gambling by raising a total of KRW 28,170,05, as shown in the list of crimes in the attached Table, in a way that he/she received dividends according to the result of betting and receiving dividends.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol of seizure and a list of seizure;
1. Application of Acts and subordinate statutes to the data on dialogues, data on cutting down a gambling site, data on financial information replies, details of each account transaction, and the details of each currency transaction;
1. Article 49 (4) 2, Article 6 (3) 3 (delivery of access media), Article 48 subparagraph 3, Article 26 (1) of the National Sports Promotion Act, and Article 26 (1) of the same Act, the choice of imprisonment with labor for each of the following matters: Article 49 (4) 2, and Article 6 (3) 3 (Delivery of Access media) of the Act on Electronic Financial Transactions;
1.Article 40 of the Criminal Code of Trade and Trade.