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(영문) 인천지방법원 2021.01.28 2020고정606

전기통신사업법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

【The Defendant was sentenced to eight months of imprisonment for fraud at the Ulsan District Court on November 28, 2018, and the judgment became final and conclusive on August 2, 2019.

No person constituting a crime shall intermediate another person's communications or provide it for another person's communications using telecommunications services provided by the telecommunications business operator.

Nevertheless, around April 11, 2019, the Defendant accepted a proposal that he/she would open a prepaid chip to the name in Busan Northern-gu B and C, which he/she became aware of through the Internet search and offer 30,000 won per week on the face of the State. The Defendant, who taken the identification card necessary for the opening of the core chip, along with the face of the Defendant, and the photograph taken by the Defendant and the photograph taken by the Defendant, through the Kakao Kao Stockholm, sent the same name to the above person without the name of the Defendant, and had him/her open one core chip (number) in the name of the Defendant from D around April 11, 2019, provided telecommunications services provided by the telecommunications business operator for the purpose of communications by others.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Answers requested to furnish the F’s written statement or data;

1. Previous convictions in the judgment: Inquiry about criminal history, investigation report (related to concurrent crimes after Article 37 of the Criminal Act), application of Acts and subordinate statutes in addition to the judgment;

1. Article 97 of the relevant Act and Articles 97 and 30 of the Telecommunications Business Act concerning criminal facts as well as the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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