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(영문) 창원지방법원 2020.04.23 2019고단3700
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall transfer or acquire a means of access;

Nevertheless, on November 2018, the Defendant: (a) accepted the proposal that “it is possible to lend up to 50 million won if it is difficult to lend the party room loan, but if it is set up for six months, it is necessary to do so; (b) the head of the Tong, card, OTP card, mobile phone, etc. should be required; (c) opened the C Account in the name of B in the name of the representative of the Defendant in accordance with the instructions of the person in default on name, and delivered the C Account (D), which is a means of access connected thereto, and the OTP card, etc. to the person in default on name.

Accordingly, the Defendant transferred the means of access to electronic financial transactions.

2. No person who violates the Telecommunications Business Act may intermediate a third party's communications using telecommunications services provided by a telecommunications business operator, or provide such services for communications;

Nevertheless, on November 2018, the Defendant: (a) accepted the proposal that “it is possible to lend up to a maximum of 50 million won if it is difficult to lend the party funeral loan, but if it is set up for six months, it is necessary to do so; (b) the head of the Tong, the card, the OTP card, the mobile phone, etc. are required; and (c) delivered the E mobile phone (F) opened in the name of the defendant under the name of the head of the Si/Gun/Gu in the name of the Si/Gun/Gu, according to the direction of the person who was unable to obtain the name, by using the

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

Summary of Evidence

1. Defendant's legal statement;

1. The statement of G police officer;

1. A detailed statement of account transactions;

1. Transfer certificate;

1. Application of Acts and subordinate statutes governing electronic ledger certificates;

1. Relevant Article 49(4)1 of the Electronic Financial Transactions Act and Article 6(3)1 of the same Act concerning criminal facts (a point of transfer of access media) and Article 97 Subparag. 7 of the Telecommunications Business Act and Article 30 of the Telecommunications Business Act.

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