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(영문) 창원지방법원 2019.09.06 2019고단1731
전기통신사업법위반등
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

No one may lend a means of access while receiving, requesting or promising any consideration in the use and management of the means of access to electronic financial transactions, and allow any telecommunications business operator to communicate with another person or provide any third person for communications using telecommunications services provided by him/her.

Nevertheless, at around 15:00 on January 2, 2019, the Defendant promised to lend an account in the name of the Defendant from a person who was unaware of the name to receive KRW 500,000 in return for providing a mobile phone number chip opened in the name of the Defendant, and issued the core chip of the DNA phone number opened in the name of the Defendant to a company bank account (B) by using the hand chip, along with the passbook connected to the name of the Defendant, the head of the Tong, the OTP card, and the OTP card, which are a telecommunications business operator, in the name of the Defendant.

As a result, the defendant promised to receive compensation and lent the means of electronic financial transactions in the name of the defendant, and provided telecommunications services provided by the telecommunications business operator for communications purposes.

Summary of Evidence

1. Defendant's legal statement;

1. E’s written petition;

1. Data on response to financial transactions;

1. Application of investigation report (verification of transfer of cell phone chips in the name of a suspect) Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 49 (4) 2, 6 (3) 2 of the Electronic Financial Transactions Act (which means lending a means of access), subparagraph 7 of Article 97 of the Telecommunications Business Act, and Article 30 of the same Act (which means providing another person with telecommunications services), and selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following factors: (a) the sentencing of the instant crime; (b) the Defendant’s age; (c) character and conduct; and (d) the circumstances after the commission of the instant crime.

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