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(영문) 서울동부지방법원 2018.08.03 2018고단617
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for not less than eight 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

Except as otherwise provided for in any other Act, no one shall transfer or take over any access medium used to issue a transaction instruction in electronic financial transactions or use and manage such access medium to secure the authenticity and accuracy of users and transaction details, lend or lend such medium for consideration or lend such medium in return for consideration.

Nevertheless, the Defendant received a request from D who operates an illegal sports gambling site to ask for an interview with the head of the Tong necessary for the operation of the above gambling site, sent the price to the surrounding people and received the access media, and then was able to transfer it to D.

1. On June 2016, the Defendant received an access medium: (a) from the Defendant’s proposal that he would offer money to the Defendant because he was making a “day” (referring to the solicitation and sale of the passbook) at the mutual infinite coffee shop located in Dobong-gu Seoul Metropolitan Government Changdong around that time; (b) from the Defendant’s offer that he would offer money to the Defendant; (c) from the Defendant’s offer that he would offer money to the two accounts of the bank account opened by E in the name of the company with limited liability; and (d) the head of the OTP terminal.

Accordingly, from around that time to July 2016, the Defendant acquired the access media over a total of four times, i.e., the following crime circulation table 1.

From the end of June 2016, the method of committing a crime at the 1st time of the crime, 1,2016, the access medium from the Changdong, Dobong-gu Seoul Metropolitan Government Changdong, which is linked to two bank accounts in the name of NAF, an access medium from the OTP transferor at the time of the Geumcheon-gu, Geumcheon-gu, Seoul at the end of July 2016, adding the access medium to the digital sub-party G transfer to the digital sub-party G transfer's name, and the OTP "(Reissuance)" at around July 32016, 4204, "Cheongdo Man-do Mando Man-do, Seo-do, Incheon, Incheon, National Bank in the name of the transferor of the apartment apartment, OTP, and 45 times in total".

2. The Defendant transferred an access medium to Incheon around July 2, 2016.

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