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(영문) 춘천지방법원 강릉지원 2018.10.26 2018고단801

전자금융거래법위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall transfer such media in using or managing access media;

Nevertheless, the defendant 2018

6. Around March 15, 198, at the defendant's office located in Sam-si B, "I will lend a card to three million won per week from a person in a name-free will" was phoneed and found to the above place, and two copies of the physical card connected to the new bank account (C) in the name of the defendant and the national bank account (D), respectively, were sent to the person in a name-free will.

Accordingly, the defendant transferred the access media to the defendant.

2. No person who violates the telecommunications business Act shall intermediate a third party's communications or provide it for any third party's communications services provided by the telecommunications business operator;

Nevertheless, on April 5, 2018, the Defendant: (a) opened a cell phone (E, F, G, and H) in the name of the Defendant in Ansan-si, and was paid KRW 1,100,000 in return for the opening of a cell phone (E, F, G, and H) in the name of the Defendant at an off-site mobile phone agency located in Ansan-si after receiving a proposal from a person who has no name to the name of the Defendant; and (b) opened the cell phone in the name of the Defendant.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for the purpose of telecommunications.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of suspect examination of the police against the defendant (including a copy of each passbook attached thereto);

1. Statement made to I by the police;

1. [Reports on Domestic History (Financial Transaction Information Return) - Application of A Financial Transaction Information], and [Telecommunications Data Return (Telecommunications Data Return) - Each Communications Data Return] Acts and subordinate statutes;

1. Articles 49 (4) 2 and 6 (3) 2 (a point of lending access media) of the Act on Electronic Financial Transactions in the relevant Act concerning criminal facts, Article 97 subparagraph 7 of the Telecommunications Business Act, and the main sentence of Article 30 (a point of providing telecommunications services) of each Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (it is between the violations of the Electronic Financial Transactions Act);