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(영문) 부산지방법원 2016.08.16 2016고정2337
전기통신사업법위반등
Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person of the 2016 High 2337 shall intermediate another person's communications or provide it for another person's communications by using telecommunications services provided by a telecommunications business operator.

Nevertheless, on November 2015, around 23:00, the Defendant provided telecommunications services for the purpose of telecommunications by receiving 400,000,000 won chips of the mobile phone (B) opened to the Defendant’s name through the off-to-door Kwikset service, prior to the entrance of the Geum River Park located in the Geumdong-gu, Busan. In addition, the Defendant provided telecommunications services for the purpose of telecommunications by receiving and transferring chips of the mobile phone (B) opened to the Defendant’s name through the off-to-door Kwikset service.

Except as otherwise expressly provided for in any other Act, no person of the 2016 High 2338 shall transfer or acquire any access medium.

Nevertheless, at around 23:00 on November 2015, the Defendant received and transferred, in cash, access media used in electronic financial transactions, using a 600,000,000 won in cash, recording the passbook, card, and password (D) opened in the company bank account opened in the name of the Defendant to the Buddhist male who seems to be the service personnel, such as the kick service personnel, at the entrance of the Busan hot Spring River Park.

Summary of Evidence

[2016 High Court Decision 2337]

1. Statement by the defendant in court;

1. A E-document;

1. A list of the entries and withdrawals;

1. Cooperation in investigation (ctv extractment) (2016 high court 2338);

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes to verify financial transactions, to notify data on the financial transaction status of the IBK Bank;

1. Article 97 subparagraph 7 of the relevant Act and Articles 97 and 30 of the Telecommunications Business Act (a point of providing other persons with telecommunications services), Article 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act (a point of transferring access media) concerning criminal facts, and the selection of fines, 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. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

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