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(영문) 부산지방법원 동부지원 2020.07.30 2019고단454
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On January 10, 2019, the Defendant was sentenced to six months of imprisonment with prison labor for violating the National Sports Promotion Act (Gambling, etc.) at the Gwangju District Court, and the said judgment became final and conclusive on December 20, 2019.

【Criminal Facts】

No one may lend the means of access while receiving, demanding or promising any compensation in using or managing the means of access under the Electronic Financial Transactions Act.

Nevertheless, on November 2017, the Defendant provided Kwikseter B with the proposal that “I will grant money to a loan from the account. I will be used to deposit and release gambling funds at the Internet illegal gambling site, use it only for three months, and pay KRW 3 million.” On November 29, 2017, the Defendant re-issued the cash card connected to the E Association (F) account under the name of the Defendant at the Busan Shipping Daegu and D Association located in Busan Shipping Daegu and D around 17:00 on the same day, and sent the check card connected to the above Defendant’s name E Association account at around 17:0,00 on the same day to Kwikset Service Articles, which were sent by B prior to the Busan Shipping Daegu, Busan Shipping Daegu and at around 17:0 on the same day.

Accordingly, the Defendant promised to provide compensation and lent the means of access.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A list of transactions;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records);

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act committed the instant crime during the period of the suspended sentence of imprisonment for a violation of the Military Service Act, the means of access of the instant case leased by the Defendant was used for the crime of Bosing, and the Defendant has the power to be subject to criminal punishment for the same crime.

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