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(영문) 부산지방법원 2016.11.11 2016고단4871
전자금융거래법위반
Text

Defendants shall be punished by imprisonment for ten months.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

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.

그럼에도 피고인들은 중국에 거주하는 성명불상의 총책(위쳇 대화명 : ‘D’ 사용)으로부터 ‘물건을 배달해주는 대가로 일당 30만원을 주겠다’라는 제안을 받고, 위 제안이 속칭 ‘보이스피싱’ 범행에 사용되는 접근매체를 전달하는 범행임을 알면서도 위 제안에 응하여 범행하기로 공모하였다.

Accordingly, at around 11:30 on August 17, 2016, the Defendants received the boxes who sent the above total book to the door 888-2 at the business office of the Changwon's window opening, and at around 1:35 on the same day, received the boxes who sent the above total book to the door dong, and at the name dong traditional market located in the same Gu, at around 1:35 on the same day, and then opened the boxes, and then delivered the above means of access, such as physical card and one card connected to the account in the name of the E (F, enterprise bank, G, and H: H) and one card connected to the account in the name of the E (F, enterprise bank).

As a result, the Defendants conspired to deliver the means of access, knowing that they will be used in the crime.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Copies of each protocol of examination of K or L;

1. Investigative report (the specific circumstances in which a cash card was taken over, specific circumstances in which the means of access is added, the verification of a cash card in the name of E, the execution of search and seizure warrant and the account holder related);

1. 각 발신통화 내역, 문자메시지 발송 내역, 위챗 메신저 대화내용, 거래내역, 각 사진

1. Application of Acts and subordinate statutes on seizure records;

1. Each relevant Article of the Act concerning criminal facts;

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