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(영문) 대구지방법원 서부지원 2020.01.09 2019고단1749
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In using and managing the means of access, no person shall transfer or acquire any means of access, or receive, request or promise any compensation, and borrow or lend any means of access unless otherwise expressly provided for in any other Act.

Nevertheless, on April 2019, the Defendant received a proposal that “40 million won will be loaned at a rate of 4.56% per annum.” The Defendant accepted the proposal, and then transferred the means of access by sending the physical card connected to the account (F) in the name of the Defendant in the name of the Defendant in Daegu-gu, Daegu-gu, at around 11:00 on April 25, 2019, through Kwikset service articles and informing the password by telephone.

No one shall intermediate a third party's communications through telecommunications services provided by a telecommunications business operator or provide such services for a third party's communications.

Nevertheless, around February 20, 2019, the Defendant accepted the proposal that “I will get a loan to a micro enterprise. I will get a loan to a micro enterprise. I will get a loan to a KRW 1,50 million if I will open and send a telephone in the name of a business operator after completing business registration.”

After registering the business with the trade name of “G”, the Defendant opened the I, J, K, L, and M phone in the name of “G”, and sent the Internet phone phone to Kwikset service article sent by the winners of name in an abnormal form.

Accordingly, the Defendant provided telecommunications services provided by telecommunications business operators to others for communications purposes.

Summary of Evidence

"2019 Highest 1749"

1. Defendant's legal statement;

1. Copy of the statement made by the police with N;

1. Investigation report (suspect A telephone communications);

1. Transfer receipt, E bank account transaction details, etc. in the name of A, A mobile phone text and loan transaction agreement "2019No3158";

1. Defendant's legal statement;

1.O.

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