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(영문) 수원지방법원 2019.01.25 2018고단6763
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall, with respect to the use and management of a means of access, borrow or lend a means of access or store, deliver or distribute a means of access with the knowledge that such means are to be used for a crime or to be used for a crime.

The Defendant sent a physical card, which is a means of access, to a person under the name of “to lend a loan by raising credit rating by accumulating transaction performance on the face of sending a physical card.” On November 19, 2010, the Defendant was aware that the account linked to the card was used for the crime of Bophishing fraud and was suspended on November 19, 2010, and the relevant means of access would be used for the crime of Bophishing fraud when delivering the means of access to another person.

Nevertheless, around September 18, 2018, the Defendant: (a) heard the horses that “in order to obtain a loan, the Defendant sent a physical card by creating the details of the deposit and withdrawal due to low credit rating;” and (b) provided the account number and password to the bearers of the name using a bank account in the name of the Defendant at the Suwon-si post office, Suwon-si, Suwon-si, one unit of the B Bank Account (C) means of access in the name of the Defendant, and notified the account number and password.

Accordingly, the defendant knowingly delivered a means of access to a name-free person with knowledge that it will be used in crime.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A detailed statement of account transactions and a report on suspension of and receipt of telephone numbers;

1. Return on financial transaction information;

1. Application of the head of a Tong, statutes governing E dialogue;

1. Relevant legal provisions concerning facts constituting an offense, Articles 49 (4) 2 and 6 (3) 3 of the Electronic Financial Transactions Act concerning the selection of punishment, and the selection of fines (self-gradation and reflective initials);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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