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(영문) 대전지방법원 2018.06.21 2018고단1004
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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

Except as otherwise provided for in other Acts, no one shall transfer or take over any access medium, and mediate other persons' communications through telecommunications services provided by telecommunications business operators, or provide such media for communications of other persons.

On August 16, 2016, the Defendant: (a) received a proposal from a police officer C to offer a price of KRW 200 million to KRW 250,000,000 from KRW 200,000; and (b) accepted such proposal; (c) on August 16, 2016, the Defendant registered an individual entrepreneur as “D” in the name of the Defendant.

In addition, as C demanded that the head of Tong and cellular phone be opened together with the name of the business operator, on August 19, 2016, the bank opened an account (E) at a non-bank branch, and transferred the passbook, e-mail card, etc. connected to the account to C, as shown in attached Table 1, including transfer of the passbook, e-mail card, etc. connected to the account to C, and as shown in attached Table 1, from around that time to September 26, 2016, the bank transferred three approaches to the account in the name of the defendant for three times.

In addition, the Defendant transferred two mobile phones in the name of the Defendant from around September 5, 2016 to September 19, 2016, including transferring one mobile phone (F) opened in the name of the Defendant to C, as well as from around that time to September 19, 2016.

Accordingly, the Defendant transferred access media and provided telecommunications services provided by telecommunications business operators for the purpose of telecommunications.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the defendant (including filing of a letter of evidence);

1. Requests for provision of communications data, and application of statutes on transaction of one bank;

1. Article 49 (4) 1, Article 6 (3) 1, Article 97 subparagraph 7, and Article 30 of the Telecommunications Business Act, the selection of imprisonment with prison labor for a crime;

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. Reasons for sentencing under Article 62(1) of the Criminal Act, background, reflect, and species of the crime.

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