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(영문) 대전지방법원 2019.03.29 2019고단105 (1)
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Items 1, 6 through 15, 20 through 24, of seized evidence, respectively, from the accused.

Reasons

Punishment of the crime

"2019 Highest 105"

1. No person who violates the Telecommunications Business Act may provide telecommunications services provided by a telecommunications business operator for communications of another person;

B agreed with the person who is not responsible for receiving money in return for the opening and delivery of the company Internet telephone apparatus, and the defendant conspireds with B to provide the Internet telephone apparatus in the order of providing the Internet telephone apparatus by attempting the process of opening the Internet telephone, and sending the opened Internet telephone apparatus to the place known by the person who is not responsible for the name (C) after going through the Internet phone.

Accordingly, the Defendant and B met with the office to be used as a temporary place of business on December 19, 2018, and B entered into a lease agreement with the Daejeon Dong-gu D building and the fourth floor E, around December 20, 2018, registered the business of ‘F' with the above office as the place of business, and applied for the installation of Internet telephone in the name of the above business operator. On December 24, 2018, the Defendant applied for the installation of Internet telephone in the above business operator' under the above operator's name. On December 24, 2018, the Defendant took place as if he was an employee of 'F' in the above office, and sent G a large number of telephone calls to the end of using the Internet phone at that time, and sent the Internet phone (H) installed at that time to Kwikkset service as if it was actually used.

The Defendant and B opened a total of 11 Internet telephone machines as shown in the annexed Table 1 on the same day, and then sent them through Kwikset Service at the place designated by the person who is not entitled to receive the name (C).

Accordingly, the defendant, in collusion with B and B, provided telecommunications service provided by telecommunications business operators for the purpose of telecommunications.

2. Any person who violates the Electronic Financial Transactions Act shall be specifically engaged in the use and management of the means of access.

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