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(영문) 서울북부지방법원 2019.06.20 2019고단383

전자금융거래법위반등

Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Criminal facts

On December 19, 2018, the Defendant was sentenced to imprisonment with prison labor for eight months at the Seoul Northern District Court for attempted fraud, and the judgment became final and conclusive on March 22, 2019.

[2019 Highest 383] No person shall, in using and managing a means of access, have any act of demanding, demanding, or promising to lend a consideration, unless otherwise specifically provided for in other Acts.

While the Defendant was aware of an Ambane account in 2018, the Defendant reported the advertisement to “Non-coin account” on the Internet website, and contacted the name-free persons, and leased the above name-free cards, which are the means of access, to the bus terminal located in the Chang-si bus terminal located in the Chang-si, Chang-si, Masan, 315, and 757, from the Chang-si, Chang-si, Masan, Masan, to the B bank account (C) in the name of the Defendant.

[2019 Highest 1285] On August 2018, 2018, the Defendant opened the pre-paid conviction against “E” and “F” respectively by transmitting his/her identification card pictures, etc. to his/her name-dissceptors through D at a place where it is impossible to identify the place of police officer, and received 40,000 won in total per 20,000 won in return.

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

Summary of Evidence

A previous conviction: A statement of criminal history records, etc., a statement of history records, etc. and a report of the result of confirmation of the disposition (2019 Highest 383)

1. Defendant's legal statement;

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

1. Details of account transactions [the details of account transactions];

1. Defendant's legal statement;

1. The authenticity and written statement of M;

1. Investigation report (a warrant, a meeting N), a warrant, a meeting (main)-N;

1. Response (O)

1. Application of Acts and subordinate statutes upon response to communications data;

1. Article 49(4)2, Article 6(3)2 (a) of the Electronic Financial Transactions Act regarding criminal facts, and Article 97 Subparag. 7, and Article 30 of the Telecommunications Business Act.