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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울남부지방법원 2018.05.03 2017노1616
사기방조등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the Defendant’s ordinary dialogue on the grounds of appeal, in light of various circumstances, the Defendant was well aware of the structure of the singish crime, and the Defendant received abnormal instructions from the Defendant, etc., the Defendant was aware that the goods he/she delivers are physical cards and are used for the singishing crime.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated, the lower court found the Defendant guilty on the grounds that the Defendant was aware of or suspected of having committed an illegal act, but the evidence submitted by the prosecutor alone was insufficient to acknowledge that the Defendant was aware of the fact that the goods delivered by the Defendant were used in committing fraud, such as e-mail cards, and that such goods were used in e-mail, such as scaming, etc., and that there was no other evidence to acknowledge it.

① As the Defendant received or stored things, the Defendant delivered things on a package, such as a door-to-door shop shop shop shop shop or vinyl shopping bags, without confirming what contents are.

There is no evidence to prove the fact that the defendant sent an article prior to the delivery of the article, including the act indicated in the facts charged of this case, opened a door-to-door or shopping bags, or opened a content or known what contents are.

② The Defendant, who opened a e-mail card with the e-mail card, was sealed by putting the e-mail card between books or putting other contents together, instead of putting the e-mail card in a box, making it impossible to identify the contents.

③ 피고인의 위 챗 메신저 대화내용 등을 보아도 피고인이 운반한 물건의...

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