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(영문) 서울남부지방법원 2018.06.18 2018고단1370
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall transfer or acquire a password, a cash card, or a cash card, which is an access medium for electronic financial transactions, or a user number, etc. registered with a financial institution or an electronic financial institution, or establish a pledge;

Nevertheless, on April 2017, the Defendant received money from the deceased (one name AP) and transferred the access media by directly delivering the passbook, physical card, Internet banking ID, OTP card, and transfer password, which was opened in the name of the Defendant at the coffee shop in the name of the Cheongdong-gu, Seo-gu, Seo-gu, Sung-gu, Cheongju-si.

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;

The Defendant, as indicated in the preceding paragraph, proposed that he would offer “to give USIM money by opening a mobile phone,” and accepted it on April 2017. A mobile phone US chip (AR and AW telecom) opened in the name of the Defendant at the coffee shop located in the Heung-gu, Seo-gu, Seo-gu, Sung-gu, Cheongju-gu.

Accordingly, the defendant provided telecommunications services for another person's communication.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against AS;

1. Application of Acts and subordinate statutes to report internal investigation;

1. Relevant legal provisions concerning facts constituting an offense, Articles 49(4)1 and 6(3)1 (a point of transfer of access media) of the Act on Electronic Financial Transactions, Article 97 Subparag. 7 of the Telecommunications Business Act, the main sentence of Article 30 (a point of providing telecommunications services) of the same Act, and the choice 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;

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