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(영문) 부산지방법원 2019.05.01 2019고단656
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall borrow or lend a means of access, or keep, deliver or distribute a means of access, knowing that he/she is to be used for a crime or to be used in such crime.

On August 21, 2018, the Defendant received a proposal to the effect that “When sending a physical card and password, it will raise credit rating by creating a transaction statement, and then lend a loan.” In addition, the fact that the Defendant used the above manual in order to secure a “mulpion passbook” in order to use it for the original purpose of receiving the money by fraud at the Bophishing organization is widely known through broadcasting, etc., and the Defendant was experienced in conducting a wind investigation for the crime of Bophishing at around September 2013, the account was transferred to the B association account number and the physical card, so it was known that the account was used for the crime of Bophishing with another person’s account number and the physical card, etc. at Bophishing organization, and it was known that it was possible to use the above method of access, such as the account number and the card, and that it was possible to use it by the Defendant to deposit it with the Busan post Office 200,000,000).

Accordingly, the Defendant was aware that the means of access was used in crime, and the Defendant was leased or lent, or stored, delivered, or distributed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police and prosecutorial examination of the accused;

1. E statements;

1. Photographs of text messages;

1. Application of the Acts and subordinate statutes to the details of account transactions;

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