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(영문) 대구지방법원 2017.12.19 2017고단6001
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In using and managing access media, no person shall knowingly deliver access media with the knowledge that such media will be used for crimes, unless otherwise expressly provided for in other Acts.

1. On July 2016, the Defendant, while knowing that it would be used at the illegal sports soil entertainment site in front of an elementary school located in the 74-dong, Nam-gu, Daegu-dong, Daegu-dong, Chungcheongnam-gu, Gyeongdong-dong, Daegu-do, transferred physical cards, etc. connected to the Agricultural Cooperative Account (C) in the name of the Defendant to D.

2. On September 2016, the Defendant, while knowing that it would be used at the F’s site of illegal sports soil entertainment in Daegu Northern-gu, Daegu-gu, for the purpose of using it, delivered to D physical cards, etc. connected to the post office account (H) in the name of G corporation.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of a suspect of the police officer regarding I;

1. An investigation report (a document attached, such as an application for the establishment of Nonghyup AFC) - An investigation report (a document attached to an application for the establishment of an account in IG post office) - An application for establishment, etc.;

1. Investigation Report (Attachment of Trade Details of JF Account) - Trade Details, Investigation Report (Attachment of Transaction Details of IG Account) - Trade Details;

1. Investigation report (Attachment to D judgments by transferee of the check card) - Application of statutes governing decisions; and

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on the Electronic Financial Transactions and the Selection of Punishment, Articles 49 (4) 2 and 6 (3) 3 of the same Act, and the Selection of Imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Circumstances that are favorable to the reasons for sentencing under Article 62(1) of the Criminal Act: there is no same record of force.

It is against the recognition of crimes.

It is nothing more than simple delivery, and there is no benefit.

0 Unfavorable circumstances: Although the defendant had thought that they will be used for illegal purposes, he sent a physical card, etc., and was actually used for illegal gambling.

0 Other consideration of the defendant's age, sex, family relationship, criminal records, circumstances of this case, and the subsequent progress, etc.

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