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(영문) 인천지방법원 2020.10.22 2020고정1224
전자금융거래법위반등
Text

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

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

Reasons

Punishment of the crime

1. No person who violates the Telecommunications Business Act may intermediate a third party's communications using telecommunications services provided by a telecommunications business operator, or provide such services for communications;

Nevertheless, on December 19, 2018, the Defendant opened a total of five mobile phones, such as the list of crimes (3) from around January 9, 2019 to around January 9, 2019, and provided telecommunications services provided by telecommunications business operators for the use of another’s telecommunications service.

2. No person who violates the Electronic Financial Transactions Act shall transfer or take over the means of access, or receive, request or promise any compensation for taking or lending the means of access;

Nevertheless, on December 2018, the Defendant received a proposal that he would pay KRW 1,00,000,000 if he/she borrowed the e-mail card from E at a place on the territory of the State, Dong-dong, Incheon, Incheon, and provided a copy of the e-mail card connected to the Agricultural Cooperative (F) account under the name of the Defendant, and provided the means of access to receive compensation and to borrow the means of access.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police interrogation protocol to E;

1. Article 97 Subparag. 7 and Article 30 of the Act on the Protection of Criminal Crimes, Articles 49(4)2 and 6(3)2 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202); and

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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