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(영문) 광주지방법원 목포지원 2021.03.30 2021고단124

전자금융거래법위반등

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the telecommunications business Act shall intermediate a third party's communications through telecommunications services provided by the telecommunications business operator, or provide it for any third party's communications;

Nevertheless, around March 3, 2020, the Defendant purchased one core (communication company: F, telephone number) opened in the name D (E) from Daepo-gu, Seoul, in the Defendant’s residence in Gangnam-gu, from Daepo-gu, and then sold at home or by using a direct sprink at the above entertainment shop, from March 3, 2020 to August 6, 2020, 337 Uchips, which had been opened in the name of another person, as shown in attached Table 1, to the name of the deceased.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for the purpose of telecommunications.

2. Except as otherwise expressly provided for in any other Act, no person who violates the Electronic Financial Transactions Act shall store, deliver or distribute any access medium while receiving, demanding or promising to receive, demand or distribute any access medium, and shall keep, deliver or distribute any access medium with the knowledge that such medium is to be used for a crime or to be used for a crime;

Nevertheless, on July 1, 2020, the Defendant received a proposal from H to “to offer KRW 2,00,000 per annum to a designated place with illegal goods” through telegram, and accepted it from H during the same month, the Defendant received and kept the USB, including the account number, password, official certificate, and official certificate from H during the same month.

Accordingly, the defendant is aware that he will be used for the crime in return for compensation.