전기통신사업법위반등
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. No person who violates the Electronic Financial Transactions Act shall transfer or acquire a means of access unless otherwise specifically provided for in any other Act in using and managing the means of access;
Nevertheless, on March 2018, the Defendant transferred the means of access by using a physical card connected to the BB bank account (C) under the name of the Defendant and a one of the OTP equipment to the name partner and informing the password to the name partner.
2. No person who violates the Telecommunications Business Act may intermediate a third party's communications using telecommunications services provided by a telecommunications business operator, or provide such services for communications;
Nevertheless, around March 22, 2018, the Defendant opened a cell phone (E) under the name of the Defendant, and around that time, provided the above cell phone for communication by selling it to the person who was not the party of the name of the Defendant.
Summary of Evidence
1. Court statement of the defendant (the second trial date);
1. The statement of each police officer made to F and G;
1. A H statement;
1. Report on investigation (D relative investigation into which the cellular phone used for the crime has been opened);
1. Application of remittance certificates, specifications of transactions, certificates of confirmation, certificates of deposit transaction records, inquiries about details of transactions, requests for provision of communications data, replies to requests for provision of communications data, certificates of seizure, and Acts and subordinate statutes on seizure records;
1. Relevant legal provisions concerning criminal facts, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act (a point of transfer of access media), Article 97 Subparag. 7 and Article 30 of the Telecommunications Business Act, and the choice of imprisonment with prison labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Social service order under Article 62-2 of the Criminal Act;
1. Reasons for sentencing under Article 48(1)1 of the Criminal Act - The defendant acknowledges mistake from the second trial date and reflects it.
However, the crime is committed by investigative agencies and the first trial date.