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(영문) 수원지방법원 2019.04.26 2018고정1775
전자금융거래법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

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 was aware of the fact that the account linked to the Defendant’s physical card was used for committing Bophishing fraud and was investigated for suspicion of violating the Electronic Financial Transactions Act and was suspended on September 27, 2017, and that the means of access was used for committing Bophishing fraud.

Nevertheless, on April 20, 2018, the Defendant heard the horses that “in order to engage in a casino business, the Defendant sent a down-line card to which he/she should prepare a labor contract,” and then sent the number and password to the bearer, who is the means of access to the national bank account (C) in the name of the Defendant in the name of the accused in the name of the non-resident.”

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. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Written statements of D;

1.The application of replys, investigative reports (A-like military records confirmation) legislation;

1. Relevant Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning criminal facts, the selection of punishment, and the selection of fines;

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 provides that the defendant and his defense counsel claimed that the defendant had no intention to transfer or deliver the above, since he merely saw that the defendant's "in order to work for a casino company at the weekend, the physical card and password, etc. are needed" was a body card, etc. at the end of the person who is employed by the casino company.

However, each evidence of the judgment.

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