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(영문) 의정부지방법원 2020.01.10 2019노1190
전자금융거래법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the summary of the grounds for appeal (in fact-finding, misunderstanding of legal principles), the evidence submitted by the prosecutor, the defendant can be recognized as having known that he/she would have used the means of access to a financial institution.

However, since the court below acquitted this part of the facts charged, it erred by misunderstanding of facts or misunderstanding of legal principles.

2. Determination

A. No person of the summary of this part of the facts charged may lend the means of access to financial institutions with promise of compensation.

Nevertheless, on April 23, 2018, the Defendant received letters from a person who will work together with his/her name-free person at a name-free place in the morning and contacted the name-free person operating the illegal gambling site. In order to act as a manager of the illegal gambling site, the Defendant promised to receive benefits of KRW 150,000 per day from his/her name-free person in return for promising the Defendant to receive benefits of KRW 150,000 per day from his/her name-free person. As a part, the Defendant was requested

At around 12:30 on the same day, the Defendant directly delivered the C check card connected to the bank account in the name of the Defendant in the name of the Defendant (the account number M written indictment refers to the account number D, but according to the records, this is deemed to be a clerical error (see, e.g., Article 29, 100, 103 of the evidence record).

Accordingly, the Defendant knowingly lent the means of access to the crime.

B. The lower court’s judgment, on the grounds indicated in its reasoning, has no reasonable doubt as to the fact that the Defendant, on the sole basis of the evidence presented by the prosecutor, used his/her cam card for the purpose of using it for the crime of singinging fraud or the operation of an illegal gambling site or knowingly lent it for such crime.

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