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(영문) 부산지방법원 동부지원 2018.03.22 2017고단1309
전자금융거래법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On September 9, 2015, the Defendant was sentenced to six months of imprisonment for a violation of the Electronic Financial Transactions Act at the Seoul Central District Court on September 9, 2015 and completed the execution of the sentence at the Seoul Detention Center on December 29, 2015.

On October 2016, the Defendant paid 2-3% of the money deposited in the account when he borrowed the account from the operator of the above site that he came to know through hosting while using the Internet private gambling site around early 2016.

“I have heard horses and had the operator mind to transfer his account to the operator.”

around 15:30 on October 7, 2016, at the C office operated by the Defendant on the third floor of the building Nam-gu Busan Metropolitan City B, the Defendant sent two physical card to a male who was sent by the above operator, and notified the operator of the password by telephone.

Accordingly, the defendant transferred access media used to give transaction instructions in electronic financial transactions or to secure the authenticity and accuracy of users and transaction details.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. Answers with seizure warrants and requests for cooperation in investigations (to provideCCTV image data);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (applicable to the suspect's period of repeated crime and confirmation of the same records, etc.);

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on Electronic Financial Transactions concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. The instant crime with the reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is transferred to the so-called “scaming,” and the nature of the crime is bad, and the Defendant was sentenced to imprisonment with prison labor for a violation of the Electronic Financial Transactions Act at the Seoul Central District Court on September 9, 2015 and completed the execution of the sentence at the Seoul Detention Center on December 29, 2015.

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