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(영문) 인천지방법원 2019.07.03 2019고단1609 (1)

사기

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person of "2019 Highest 2892" shall lend a means of access to the use and management of the means of electronic financial transactions by accepting, requesting or promising the use of, or promising the use of, the means of access, and shall not intermediate other's communications through telecommunications services provided by a telecommunications business operator

Nevertheless, around February 13, 2019, Defendant A received a proposal from Defendant A, who is a seater, from the offline near the C Station located in Michuhol-gu Incheon Metropolitan City, that “I will get to get to get to get to get off, with no good credit rating. I lent the check card, and would give to KRW 1,00,000 per month the core of the mobile phone opened in the four names.” On February 14, 2019, Defendant A opened a cell phone (F) in the offline of the E mobile phone agency located in Incheon in the U.S., and opened the cell phone in the name of Defendant at only D in the vicinity of the above C Station or the Defendant G bank account (Account Number: H) and sent the password to D and used the above mobile phone heart for communications.

Accordingly, the defendant provided the means of access in electronic financial transactions in return for compensation, and provided telecommunications services provided by telecommunications business operators for the purpose of telecommunications.

Summary of Evidence

"2019 Highest 2892"

1. Defendant's legal statement;

1. A written confirmation of the results of transfer, written closure data, closure data, reply data in the name of the subscriber, I reply data, each G reply data, details of deposits, details of deposits, each letter of text dialogue, transfer certificate, details of transfers, details of transfers, details of transfers, CCTV data on cash withdrawal, and data on K reply;

1. Application of the investigation report (No. 36,37) and the Acts and subordinate statutes concerning Lone Data;

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