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(영문) 서울중앙지방법원 2017.10.12 2017고단2892
폭력행위등처벌에관한법률위반(공동공갈)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Of the facts charged in the instant case.

Reasons

Punishment of the crime

The Defendant acquired access media established in the name of a limited company from the so-called “Access Media Distribution Organization (General Book: C) that systematically collects and sells a large quantity of access media, including bank account numbers, from which the Defendant intended to use the media as an access account for entering and withdrawing online sports gambling, and used it to acquire profits therefrom.

1. On September 2015, the Defendant acquired access media by taking over the following: (a) the national bank account (number G) and password opened in the name of F from E, the organizational cause of the above access media distribution organization; (b) the official certificate connected to the said account; (c) the USB, cash card, and the OTPP card in which the encryption is stored; and (d) the amount of KRW 1,400,000 in return for the receipt.

In addition, from that time until April 19, 2016, the Defendant acquired 87 approaching media as shown in the list of crimes in attached Form 1.

2. On September 2015, the Defendant: (a) transferred the access media that he/she acquired as described in the foregoing paragraph (1) at a Buddhist area in Songpa-gu Seoul, Songpa-gu; and (b) received KRW 1,500,000 in return, from a single title H, which is the organization of the sports gambling organization; and (c) transferred the access media.

In addition, from that time until April 19, 2016, the Defendant transferred all 87 approaching media as described in the list of crimes in attached Form 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A copy of each protocol of interrogation of the police officer in relation to I, E, or C (a copy thereof);

1. Statement made to I by the police;

1. Application of the Acts and subordinate statutes to a copy of the book, to arrange the distribution books of the passbook (for each legal entity), and to the list of crimes (Evidence No. 132);

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 each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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