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(영문) 창원지방법원 밀양지원 2017.11.30 2017고단265
전자금융거래법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall transfer or take over any access medium in using or managing any access medium for electronic financial transactions;

Nevertheless, on September 16, 2014, the Defendant transferred a physical card to a non-name-based lender who is linked to the national bank B account in the name of the Defendant.

2. No person who violates the telecommunications business shall intermediate a third party's communications services provided by a telecommunications business operator, or provide such services for communications of a third party, in violation of the telecommunications business;

Nevertheless, on September 16, 2014, the Defendant opened the mobile phone (C) in the name of the Defendant, and then allowed the borrower to use the real phone in the name of the borrower.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for the purpose of telecommunications.

Summary of Evidence

1. Statement by the defendant in court;

1. The written statement of the defendant;

1. A written petition or cell phone entry under the suspect's name;

1. Application of Acts and subordinate statutes as a result of bank inquiries;

1. Relevant Article of the Act on Criminal Facts, Article 49 (4) 1, Article 6 (3) 1 (a point of transfer of access media) of the Act on Electronic Financial Transactions through which punishment is chosen, Article 97 subparagraph 7 of the Telecommunications Business Act, the main sentence of Article 30 (a point of provision of telecommunications services for another person's communications), 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the fact that there is no record of punishment prior to the reason for sentencing under Article 334(1) of the Criminal Procedure Act, and the sentencing conditions indicated in the records, such as the defendant’s age, environment, motive, means and consequence of the crime, the punishment as ordered shall be determined by taking into account the circumstances constituting the sentencing conditions indicated in the records.

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