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(영문) 대구지방법원 2019.11.28 2019고단5061

전자금융거래법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall lend the means of access while receiving, demanding or promising the compensation for the use and management of the means of access, and may intermediate another person's communications through telecommunications services provided by a telecommunications business operator or provide such means for communications of a third person.

1. On April 17, 2019, the Defendant violated the Electronic Financial Transactions Act: (a) the Defendant received a proposal from a nameless person who became aware of through the Internet D Caf, that “The Defendant would offer 30% of the amount deposited when lending the passbook, e-mail card, and passwords to the foreign stock account; (b) the Defendant received KRW 100,000,000 and lent the e-bank card, which is a means of access connected to the bank account under one’s name; and (c) provided the means of access by notifying the password to the e-bank account under one’s name.

5. By no later than 24. 24. The means of access was lent on six occasions, such as in the annexed list of crimes.

2. The Defendant in violation of the Telecommunications Business Act includes the provision of core cards used for telecommunications services by using a cell phone G’s prepaid chips purchased in his/her name from the date, time and place specified in paragraph (1) for another’s communications along with the aforementioned means of access at the same time and time.

5. By 24. Before 24., telecommunications services provided by telecommunications business operators on six occasions, such as the list of offenses, were provided for another person’s telecommunications services.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H, I, J, K, L, and M;

1. Data for each closure of a course;

1. Details of transactions;

1. Data on replies;

1. A remittance certificate;

1. Details of transfer;

1. Certificate of remittance;

1. Application of Acts and subordinate statutes for verification;

1. Relevant Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act concerning criminal facts (a point of lending access media), Article 97 Subparag. 7 of the Telecommunications Business Act, and the main sentence of Article 30 of the Telecommunications Business Act shall be used for communications of other persons;