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(영문) 수원지방법원 2018.01.11 2017고단3802 (1)
국민체육진흥법위반(도박등)
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 medium access to electronic financial transactions in using or managing such medium.

Nevertheless, the defendant, who is an operator of an illegal gambling site, will offer 1,50,000 won to the account when transferring the account, as the account is required to deposit and withdrawal of gambling money from the operator of the illegal gambling site B.

"Around April 2016, after receiving a proposal and consenting thereto, issued to B a check card, OTP card, and password of the Defendant's name bank account (Account Number: C) in an active coffee shop located in the Dong-dong-dong of Sungnam-si, Sungnam-si.

Accordingly, the Defendant transferred the electronic financial transaction access media to B.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of warrant replies, customer information, details of account transactions (Evidence No. 143), customer information, and details of account transactions (Evidence No. 158) Acts and subordinate statutes;

1. Relevant Article 49 (4) and the main sentence of Article 6 (3) and Article 6 (3) 1 of the Electronic Financial Transactions Act concerning facts constituting an offense, and selection of fines;

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

1. The act of transferring the electronic financial transaction access medium on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is not only prejudicial to the trust in the electronic financial transaction, but also a crime whose nature of the crime is not weak because the transferred access medium is highly likely to be used for other criminal acts.

The access media transferred by the defendant was actually used for crime.

On May 2, 2014, the Defendant was sentenced to six months of imprisonment with prison labor due to an injury, etc. in the Sungnam Support of Suwon Friwon, and re-offendered on October 19, 2014, even during the period of repeated crime after the execution of the sentence was completed.

Therefore, it is necessary to strictly punish the defendant.

However, it is against the defendant's wrong recognition and reflect, taking into account the fact that there is no record of criminal punishment for the same kind of crime, and taking into account other factors that are the conditions for sentencing under Article 51 of the Criminal Act as the disposition.

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