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(영문) 서울북부지방법원 2019.08.30 2019고정1029

전기통신사업법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

No person may intermediate a third party's communications using telecommunications services provided by a telecommunications business operator, or provide it for a third party's communications.

On October 19, 2018, the Defendant opened only one cell phone (C), and had D, who was in flight without being present in the district court of North Korea, even though he was pending in the trial due to the case such as fabrication of private documents at the time, use D for telecommunication.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for another's communications.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of the accused and E;

1. Statement made to D by the police;

1. Court rulings on cases, such as fabrication of D private documents, and the progress of such cases by the Supreme Court, inquiry into the course of the case, requests for admission to a designated seal, and management of the distribution thereof;

1. Application of one copy, such as a copy of investigation report (report on the necessity to analyze the details of currency), a copy of a move-in report of the minority, and a copy of counseling filed by a beneficiary, two copies of telephone subscription inquiries, and the Acts and subordinate statutes requesting communication

1. Article 97 of the relevant Act on Criminal Facts and Articles 97 and 30 of the Telecommunications Business Act on the Selection of Punishment, and Selection of Fines;

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;