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(영문) 수원지방법원 안산지원 2016.03.30 2015고단4069
전기통신사업법위반등
Text

A defendant shall be punished by imprisonment for six months.

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 18:50 on May 27, 2015, the Defendant opened three mobile phones in the name of “C” in Jung-gu Seoul, Jung-gu, Seoul, and sold them to J, including opening of the E mobile phone in the name of “C,” opening of the G prepaid mobile phone in F, opening of the G prepaid mobile phone in the name of “F,” and opening of the I prepaid mobile phone in the name of H, and selling it to J.

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

2. No person who violates the Electronic Financial Transactions Act shall transfer or take over any access medium unless otherwise specifically provided for in any other Act in using or managing any access medium;

Nevertheless, around 18:50 on May 27, 2015, the Defendant: (a) received KRW 450,000 from “C” located in Jung-gu Seoul, Jung-gu, Seoul; and (b) transferred the physical card (credit number: M) connected to the foreign exchange bank account in K to J, and notified the password.

Accordingly, the defendant transferred the access media to the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Written Statement;

1. Application of the statutes on the list of seizure;

1. Relevant Article of the Act and Articles 97 subparagraph 7 and 30 of the Telecommunications Business Act (a point of providing other persons with communications using telecommunications services), Article 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act (a point of transfer of access media) concerning criminal facts, and the choice of imprisonment, respectively;

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. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds that the person has no particular criminal record except for the confessions and the punishment for larceny in around 2010);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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