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The defendant shall be innocent.
Reasons
1. In using and managing a means of access used for electronic financial transactions, no person may 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;
Nevertheless, on August 2019, the Defendant borrowed the above physical card, a means of access, with the knowledge that the above physical card is used for the transfer of smuggling income funds in sight, in a manner that, upon receiving a proposal from a person who has not been registered in the name of the Defendant, the Defendant would bring in the apartment in the Chinese Cheongdo to Korea, “3 million won on the third day on the face of the week in which the visibility distributed in China is pushed in.” The Defendant consented to the lending of the account number to receive the purchase price and the physical card, and then the above person who has not been registered in the name of the Defendant.
2. The Defendant and his defense counsel asserted that he had a physical card written in the facts charged at the time of the instant case, and did not lend it as stated in the facts charged.
3. In light of the following circumstances acknowledged by the record of the instant case, it is insufficient to recognize that the evidence submitted by the prosecutor alone was insufficient to recognize that the Defendant had placed a personal check.
① According to the evidence submitted by the prosecutor, it is not sufficient to recognize the fact that the Defendant’s physical card was used for the crime of Bophishing, and that the Defendant lent the physical card to a person with no name.
② At the time of the instant case, the Defendant alleged that he received the draft of a person without his name, and went to an apartment located in the Chinese Cheongdo, and that he deducteds his name, and that he did so. C transferred the physical card connected to his deposit account to the organization of Bosing criminal, to the organization of Bosing criminal.