beta
(영문) 서울남부지방법원 2019.11.21 2019고단4379

전기통신사업법위반등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall transfer or acquire a means of access;

A. Nevertheless, on January 31, 2019, the Defendant transferred the means of access to electronic financial transactions to a name-free box (E proxy) by using Kwikset Service to the Defendant’s name-free box a physical card and a password connected to the Defendant’s name bank account (D).

B. At around 11:00 on February 19, 2019, the Defendant transferred the means of access to electronic financial transactions to a name-free person (hereinafter “G team leader”), using Kwikset Service, the page on which the physical card No. 1 and password connected to the account (F) in the name of the Defendant was entered, to the above Defendant’s office.

2. No person who violates the Telecommunications Business Act may intermediate another person’s communications using telecommunications services provided by a telecommunications business operator, or provide it for communications of a third party;

Nevertheless, around March 4, 2019, the Defendant received a proposal that “if sent by opening an Internet phone to be used in the H office, it would offer a loan.” On or around March 12, 2019, the Defendant opened five Internet phone numbers (J-K, representative number L) in the name of the Defendant in the name of the Defendant, and provided the above phone numbers to the false names by opening one of six Internet phone numbers (N-O, representative number P, Q) in each of the Internet phone numbers under the name of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. An interrogation protocol of the police against the accused (two books and fifty-one pages of evidence records);

1. TWritten statement and certificate of deposit;

1. U.S.