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(영문) 창원지방법원 2019.06.26 2019고단1038
전자금융거래법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall promise to provide any compensation for the use and management of the means of access to electronic financial transactions and lend any means of access for purposes of using such means of access.

around July 2018, the Defendant received the word “C”, “C” from a Defendant’s workplace located in Seongbuk-gu, Changwon-si, Sungwon-si, as a telephone, and received the word “C” from a person whose name cannot be known through D, etc., and sent KRW 300,000 per day from a person who opened an online casino site to another online casino site, and the Defendant sent money to a party’s own account designated by us (e.g., gambling funds). In order to do so, the Defendant received a proposal to commit an illegal gambling crime, “C” from a person who opened an online casino site in which she is unable to know through D, etc., and then sent the password to a person who opened an account in the name of the Defendant in the name of the Defendant, using the 371 window of Changwon-si, Changwon-si, around August 2018.

As a result, the Defendant promised to receive compensation for the purpose of using it in crime and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H and I;

1. Application of Acts and subordinate statutes on the details of transfers, D dialogues, text messages, and the details of account transactions;

1. Relevant Article of the Act on Criminal Facts, Articles 49 (4) 2 and 6 (3) 2 of the Electronic Financial Transactions Act (the lending of the means of access while promising compensation), Articles 49 (4) 2 and 6 (3) 3 of the Electronic Financial Transactions Act (the lending of the means of access knowing that it is to be used for a crime);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;

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