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(영문) 광주지방법원 2014.07.16 2014고정724
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 5, 2012, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution at the Gwangju District Court for violating the National Sports Promotion Act, etc., and the said judgment became final and conclusive on October 13, 2012.

Except as otherwise provided for in any other Act, no one shall transfer or acquire a means of access or establish a pledge in making a transaction request in electronic financial transactions or using and managing a means of access, such as an electronic card used to secure the authenticity and accuracy of users and the details of transactions, and other electronic information equivalent thereto, a certificate, a user number and a password.

From February 2, 2011, the Defendant established an illegal sports earth site “B (C),” “D (E),” “F (G),” and “H (I and J)” in detail of the Philippines and operated the illegal sports earth business.

The Defendant acquired the access media, such as passbook(Account N) and password, which was opened by L in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Gwangju, from February 9, 201, when operating the above site, the Defendant received through a person whose name could not be known.

In addition, from around that time to March 2012, the Defendant acquired the means of access, such as a passbook opened in another person's name on nine occasions, such as the content in the annexed crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol againstO, L, P, Q, R, S, T, or U;

1. Each reply note (M, L,O, S, Q, P, R, U, V (NT), W);

1. Previous convictions in the judgment: Application of the provisions of Acts and subordinate statutes, such as inquiry records of criminal history, investigation reports (A), copies of decisions on suspects A and R, and attachment of reports on non-prosecution decisions to suspectsO);

1. The Defendant under Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act concerning criminal facts is sentenced to imprisonment for eight months at the Gwangju District Court on October 5, 2012 with prison labor for a violation of the National Sports Promotion Act, etc., and two years for suspended execution, but is subject to criminal facts of the judgment.

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