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(영문) 인천지방법원 2018.06.11 2018고단964 (1)

사기방조등

Text

A defendant shall be punished by imprisonment for one year.

No. 4 or 5 of the evidence seized by the defendant shall be confiscated.

. against the Defendant.

Reasons

A person who commits a crime (the violation of the Electronic Financial Transactions Act) shall not borrow or lend access media or keep, deliver or distribute such media with the knowledge that such media is to be used for a crime or to be used for a crime.

그럼에도 피고인은 2018. 1. 초순경 인터넷 사이트에서 “ 고액 알바” 라는 구인 광고를 보고 연락을 하여 보이스 피 싱 조직원인 성명 불상자( 위 챗 아이디 'C', 닉네임 'D' )로부터 건 당 5만원을 받고, 성명 불상자의 지시에 따라 전자금융거래를 위한 접근 매체를 전달하여 주기로 하였다.

On January 15, 2018, the Defendant received a box containing a physical card related to G’s post office account (H) in Ansan-si E (F) in Ansan-do, Gyeonggi-do, and then received 11 physical card from the person in the name of the card and delivered it to the person with no name, as shown in attached Table 1 for the crimes committed in attached Table 1.

Accordingly, the defendant knew that he will be used in the crime, and delivered the access media to his name influence.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness J and K;

1. Partial entry of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Copy of a protocol concerning the examination of suspect with respect to L;

1. A protocol of seizure and a list of seizure;

1. 각 픽업 대화내용( 순 번 제 9 내지 22번), 위 쳇 대화내용 법령의 적용

1. Article 49 (4) 2 and Article 6 (3) 3 of the Electronic Financial Transactions Act concerning the facts constituting a crime, the selection of punishment for an optional sentence, and the selection of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 48 (1) 1 of the Criminal Act

1. The gist of the claim is to deny this part of the charges by asserting that the Defendant had known that the goods delivered by him/her were an access medium for electronic financial transactions, and that he/she did not know that they were used in the crime.

2. The defendant.