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(영문) 인천지방법원 2017.07.06 2017고단3480
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On September 2014, the Defendant promised to receive KRW 40-50,000 per month from a person without his name (one name “B,” and “C”), and opened a “rode” of an individual entrepreneur, and was willing to open and transfer a passbook, cash card, and telephonephones necessary for the establishment and operation of the said entrepreneur.

1. No person who violates the Electronic Financial Transactions Act shall transfer or acquire any electronic access medium unless otherwise expressly provided for in any other Act in using or managing the access medium;

Nevertheless, around September 19, 2014, the Defendant opened one bank account in the name of the Defendant at a non-bank point (D) around September 19, 2014, and immediately transferred the passbook, e-mail card, and password connected to the said account to the non-name party, and opened seven accounts in the name of the Defendant from around that time to February 26, 2015, and transferred the access media connected to each account to the above non-name party.

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

Nevertheless, on September 24, 2014, the Defendant opened a prepaid phone (G) in the name of the Defendant in the “F” company from around December 24, 2014 to around December 24, 2014, and transferred the phone to the person who was in the name of the Defendant immediately.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation report (verification of the current status of opening a bankbook by the suspect);

1. Application of Acts and subordinate statutes to applications for business registration and reply details;

1. Article 49 (4) 1, Article 6 (3) 1, Article 97 subparagraph 7, and Article 30 of the Telecommunications Business Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (including the following sentencing, etc.) is the defendant.

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