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(영문) 서울남부지방법원 2020.08.12 2020고정630

전자금융거래법위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No one shall lend a means of access while promising to use and manage the means of access, and may provide it for any other person's communications by using telecommunications services provided by a telecommunications business operator.

Nevertheless, on October 2019, the Defendant: (a) received a proposal from a deceased person on his name who was named as a police officer, and consented to the proposal, stating that “The Defendant will lend KRW 400,000 if he sent a physical card and a core chip,” and (b) sent the core chip in the name of the Defendant on the front side of “C” located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul on October 3, 2019, through Kwikset’s service articles, the Defendant laid down the core chip connected to the name of the Defendant and the cell phone number (F) in the name of the Defendant.

As a result, the Defendant promised to receive a loan, lent the means of access, and provided telecommunications services provided by telecommunications business operators for the purpose of telecommunications.

Summary of Evidence

1. Copy of the suspect examination protocol of the police concerning the defendant's court statement G;

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

1. Application of Acts and subordinate statutes to each investigation report (the verification of the information on financial transactions to the account deposited by the damaged gold source, the account re-transfered by the damaged gold source, and the verification of the information on financial transactions to the account re-transfered by the

1. Article 49(4)2, Article 6(3)2 of the Electronic Financial Transaction Act (a means of lending access media) regarding criminal facts, Article 97 Subparag. 7, and Article 30 of the former Telecommunications Business Act (wholly amended by Act No. 17352, Jun. 9, 2020); the selection of fines for each of them;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.