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The judgment below
The non-guilty part shall be reversed, and this part of the case shall be remanded to the District Court.
Reasons
The grounds of appeal are examined.
1. Of the facts charged in the instant case, the summary of the violation of the Electronic Financial Transactions Act is that the Defendant and B operated the “D (E, etc.”), a public relations site for commercial sex acts, recruited to use an account under the name of another in order to pretend the acquisition of proceeds from the crime, which is punished by the Defendant, and then received a means of access for the purpose of using it by receiving a copy of the physical card connected to the J bank account under the I’s name, from the end of October 2019 to pay KRW 2 million to I around the end of October 2019.
2. Based on its stated reasoning, the lower court reversed the first instance judgment convicting the Defendant of this part of the facts charged and acquitted, on the grounds that it cannot be deemed that the means of access leased by the Defendant constitutes a direct or indirect use of the crime committed in violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (hereinafter “the Sexual Traffic Punishment Act”).
3. However, the lower court’s determination is difficult to accept for the following reasons.
In full view of the legislative intent and literal meaning of Article 6(3)3 of the Electronic Financial Transactions Act, “use for a crime” as referred to in the above provision refers to not only cases where the means of access is used directly for the commission of a crime, but also cases where it actually contributes to the execution of a crime, such as the use of a means of access ordinarily accompanied or closely related to such crime.
B. According to the reasoning of the lower judgment and the evidence duly admitted, the Defendant and B received advertising expenses from operators of commercial sex acts establishments from the operators of commercial sex acts establishments from October 29, 2019, and the Defendant and B intended to receive and manage advertising expenses under the name of another person in order to conceal advertising expenses. Accordingly, they are linked to the account in the name of one bank around October 2019.