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Defendant
A shall be punished by imprisonment with prison labor for eight months and by a fine of three hundred thousand won, and by imprisonment with prison labor for eight months.
Defendant
A The above fine shall be imposed.
Reasons
Punishment of the crime
1. Except as otherwise expressly provided for in other Acts, no person who commits a joint crime by Defendant A or Defendant B shall borrow or lend any access medium, or store, deliver or distribute such medium with the knowledge that such medium is to be used for a crime or to be used for a crime;
피고인들은 2017. 7. 초순경 ‘ 위 챗’ 채팅 어 플 리 케이 션을 통해 알게 된 성명 불상 자로부터 체크카드를 배달해 주면 박스 1개 당 15만 원을 주겠다는 제안을 받고 자신들이 배달하는 체크카드가 보이스 피 싱 범행에 이용될 것을 알면서도 접근 매체를 전달 받아 배달하기로 마음먹었다.
At around 14:00 on July 25, 2017, the Defendants conspired and received one copy of the new bank e-mail card in front of the new branch of the 86th Doyang-ro, Yangcheon-gu, Seoul, Mayang-ro, 86, and stored the card in order to deliver the card to the above person without his name, and received and stored the accessible medium with knowledge that it would be used for committing the crime.
The Defendants conspired to commit and keep a total of eight physical cards, such as the list of crimes, from around that time to 20:00 on the same day, with the knowledge that they would be used in committing a crime, and received and stored an access medium with the knowledge that they would be used in the crime.
2. The sole criminal conduct of Defendant A;
(a) No person who violates the Electronic Financial Transactions Act shall borrow or lend any access medium, or store, deliver or distribute such medium with the knowledge that such medium is to be used for a crime or to be used for an offense, unless otherwise specifically provided for in any other Act in using or managing the access medium;
The Defendant, with the same background as described in paragraph 1, knew that he/she was used for the commission of phishing crimes, he/she received and delivered an access medium, and around July 25, 2017, he/she is in the Seocho-gu Seoul Seocho-gu distribution Dong around 08:25.