(영문) 수원지방법원 2019.02.13 2018고단6791

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(영문) 수원지방법원 2019.02.13 2018고단6791

전자금융거래법위반

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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.

On September 24, 2013, the Defendant sent a physical card, a means of access, to a person under the pretext of obtaining a loan, was investigated as a case where the account connected with the card was used for the crime of Bophishing fraud and was suspended from indictment on September 24, 2013, and was aware that the means of access would be used for the crime of Bophishing fraud if the Defendant delivered the means of access to another person.

Nevertheless, on June 18, 2018, the Defendant listened to the statement that “it is possible to repeatedly borrow money from the account to raise the performance of the account, so it is possible to lend the check card to the account.” On June 18, 2018, the Defendant sent the check card and sent it to him/her, and around June 18, 2018, sent one physical card, each of the B Bank Account (C) and D Bank Account (E), each of which is the means of access under the name of the Defendant, at the 270 “UF bus Terminal” around Suwon-si, Suwon-si, Suwon-si, and notified him/her of its 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. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Partial statement of the police interrogation protocol of the accused;

1. A copy and a statement of the F;

1. Each investigation report (report on confirmation of the same kind of suspect's records, and submission of copies of bankbooks AD bank account);

1. Application of Acts and subordinate statutes to the certificate of transfer transactions and the written request for warrant;

1. Relevant Article of the Act on Criminal Facts and Articles 49 (4) 2 and 6 (3) 3 of the Electronic Financial Transactions Act concerning the selection of punishment for a crime;

1. Article 40 of the Criminal Act of the Commercial Competition.

참조조문

-전자금융거래법

-전자금융거래법 제6조 제3항 제3호

-전자금융거래법 제49조 제4항 제2호

-형법 제40조

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