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(영문) 광주지방법원 2020.01.16 2019고단4081

전자금융거래법위반

Text

Defendant

A Imprisonment for four months, Defendant B, and Defendant C shall be punished by imprisonment for six months.

except that this judgment.

Reasons

Punishment of the crime

"2019 Highest 4081"

1. No defendant A may lend a means of access while receiving, demanding or promising the payment.

Nevertheless, around June 2017, the Defendant: (a) opened and lent a corporate name after the establishment of a corporation; (b) opened a “F account in the name of the said corporation” under the name of the Defendant on July of the same year; and (c) opened a “F account in the name of the said corporation” in the name of the said corporation on or around August of the same year; (d) transmitted the physical card number, one and a password, stating the number, connected to the said account, to the said D, and received KRW 30,000 in cash in return.

Accordingly, the Defendant received compensation and lent the means of access.

2. No person may trade a third party's communications using telecommunications services provided by a telecommunications business operator, or provide such services for communications of a third party;

On August 2018, the Defendant, upon receiving a proposal from an unsatisfying person on his name, opened a mobile phone with “H” mobile phone under the Defendant’s name, and sent one of the above mobile phone heart chip to an unsatisfying person on his/her own name at a opticalcheon-dong bus terminal located in Gwangju, Seocheon-gu, Gwangju, and received KRW 100,000 in cash from the Defendant’s office located in Gwangju, Seo-gu I via Kwikset service article.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for another's communications.

"2019 Highest 4668"

3. On December 18, 2019, Defendant C was sentenced to imprisonment for one year and eight months at the Gwangju District Court for the establishment of gambling spaces, etc., and the said judgment became final and conclusive on December 27, 2019.

Any person shall use and manage a means of access under other Acts.