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1. The defendant shall be punished by imprisonment for eight months;
2.Provided, That the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive;
Reasons
Punishment of the crime
No one shall acquire any means of access unless otherwise specifically provided for in any other Act in using and managing the means of access.
Nevertheless, according to D's instructions, the Defendant acquired the means of access, such as passbooks and check cards under the name of another person three times in total, as follows, according to D's instructions, which are the solicitation of passbooks of Chinese telephone financial fraud organizations.
1. 피고인은 2013. 11. 10. 21:30경 서울 관악구 신림동 1640-1에 있는 신림역 내 물품보관함에서 D이 위챗 메신저로 미리 알려준 비밀번호를 입력하여 위 보관함의 문을 열고 성명불상자가 넣어 놓은 E 명의의 농협 통장(계좌번호: F) 및 농협체크카드(카드번호: G)를 꺼내어 갔다.
2. At around 13:00 on November 11, 2013, the Defendant received the agricultural passbook (Account Number: I) and the Nonghyup Card (Credit Card Number: J) in the name-unkwikset Service employee in front of the exit exit No. 643-1 in Dongjak-gu Seoul Metropolitan Government, 643-1.
3. At around 14:00 on the same day, the Defendant received the passbook (Account Number: L) and the Nonghyup C&C Card in the name of the Kwikset service employee in front of the exit exit No. 2, the name-free one.
Accordingly, the Defendant conspiredd with D to acquire the means of access as above.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Police seizure records;
1. 사진, 카카오톡 및 위챗 대화 내용, 수사보고 법령의 적용
1. Relevant Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning criminal facts, and Article 30 of the Criminal Act (the occupation of taking over an access medium and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;
1. The suspended sentence under Article 62(1) of the Criminal Act is divided into two sentences, and the defendant is involved in the crime, but does not take economic benefits.