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(영문) 대전지방법원 서산지원 2018.08.22 2018고단527
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

1. Except as otherwise provided for in any other Act, no person who violates the Electronic Financial Transactions Act shall transfer any access medium to another medium;

The Defendant, on February 18, 2016, tried to operate a gas station lawsuit from a person who has no name, in an office located in Daejeon Metropolitan City or lower-ranking premises.

The proposal was received to "I will give KRW 2,50,000 per month on the face of the transfer of the account."

Accordingly, the defendant opened the Agricultural Cooperative (B) account under the name of the suspect in the agricultural cooperative located in the area of the mountain, mountain, and mountain, and transferred the name of the above office to the employees in the name of the above office after transferring the passbook, cash card, and OTP to the above office.

2. No person who violates the telecommunications business Act shall intermediate a third party's communications or provide it for any third party's communications services provided by the telecommunications business operator;

Nevertheless, on February 18, 2016, the Defendant opened a mobile phone (KT mobile communication, C) in the name of the Defendant in the name of the non-party, and provided it for another person's communications by transferring it to the name-oriented party.

Summary of Evidence

1. Statement by the defendant in court;

1. Response to communications data, details of accounts, and application of the Acts and subordinate statutes on criminal investigation reports;

1. Relevant legal provisions concerning criminal facts, Articles 49 (4) 1, 6 (3) 1 (a point of transfer of access media), subparagraphs 7 and 30 of Article 97 of the Telecommunications Business Act (a point of providing telecommunications services provided by a telecommunications business operator for a third party’s communications purpose), and selection 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 suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

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