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(영문) 대구지방법원 서부지원 2019.05.30 2018고단597

전자금융거래법위반등

Text

A defendant shall be punished by imprisonment for six 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

In using and managing the means of access, no one shall transfer or acquire the means of access, unless otherwise specifically provided for in any other Act.

Nevertheless, on August 11, 2017, the Defendant received a proposal that “the Defendant would sell the passbook to KRW 300,000,000,000,000,” from a person who was unaware of his name in front of the Daegu-gu C Hospital located in B. On the same day, the Defendant opened a deposit account under the name of the Defendant, and received KRW 30,000,000,000 in return for the transfer of the passbook, cash card, and password connected to the said account from the

Accordingly, the Defendant transferred the means of access.

No person of "2018 Highest 2314" shall intermediate a third party's communications through telecommunications services provided by a telecommunications business operator or provide such services for communications of a third party.

Nevertheless, around December 14, 2017, the Defendant transferred one prepaid mobile phone heart chip (H) to a person with poor names in the name of “G” located in Daegu-gu, Daegu-gu.

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

Summary of Evidence

"2018 Highest 597"

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. Details of transfers, the details of J dialogues, and the details of financial transaction meetings "2018 high-ranking 2314";

1. Defendant's legal statement;

1. Statement of the police statement to K;

1. Lritten statements and M documents;

1. Application for joining a mobile phone, details of J dialogue and certificate of transaction, details of account transaction, details of J dialogue, application of Acts and subordinate statutes on photographics;

1. Relevant legal provisions concerning facts constituting an offense, Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act (in cases of transfer of access media), Article 97 subparagraph 7 of the Telecommunications Business Act, and the main sentence of Article 30 of the Telecommunications Business Act (in cases of provision of telecommunications services for another person’s communications), and selection of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act, the suspension of execution;