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(영문) 수원지방법원 안산지원 2019.06.21 2019고단985
전자금융거래법위반
Text

The defendant shall be innocent.

Reasons

1. Except as otherwise provided for in any other Act, no person charged may deliver a means of access by receiving or promising any consideration in using and managing a means of access, such as an electronic card used for electronic financial transactions, electronic information equivalent thereto, certificate, password, etc.;

Nevertheless, on April 16, 2018, the Defendant: (a) received a proposal that “the Defendant would open a bank account in the name of a juristic person, and pay KRW 1.2 million to the person designated by each bank under the name of a passbook, debit card, or OTP, which was connected with the opened account; (b) opened a bank account in the name of a stock company C in the name of a bank on April 18, 2018; (c) received a passbook, debit card, or OTP connected with the above account from the above bank on April 18, 2018; and (d) received KRW 300,000 in total for the expenses incurred in opening the bank account and for traffic expenses, etc., as shown in the attached list of crimes.

Accordingly, the Defendant received or delivered the means of access for electronic financial transactions.

2. The burden of proof on the facts charged in a criminal trial for a judgment is to be borne by the prosecutor, and the conviction is to be based on the evidence of probative value, which makes the judge feel true beyond a reasonable doubt, so long as there is no such evidence, the judgment of conviction is inevitable even if there is a suspicion of guilt against the defendant.

A statement made by the defendant in this Court, a report on the commencement of internal investigation (investigative Record 24 pages), each police interrogation protocol (in investigative record 100 pages, 114 pages, 115 pages, 123 pages, 124 pages, 125 pages, 125 pages), and prosecution for E.

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