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(영문) 창원지방법원 2019.11.26 2019고단3023

전기통신사업법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

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

Nevertheless, on April 19, 2019, the Defendant: (a) received a proposal from the Defendant that he/she introduced himself/herself as “C” as his/her employee “C; and (b) received a proposal from the Defendant that “to grant a loan without registration if he/she opened the Internet phone (F) under the Gangnam-gu Seoul Metropolitan Government D Building E; (c) visited the H points located in the Seocho-gu, Changwon-gu, Changwon-gu, Seoul; (d) opened the Internet phoneJ, K, L, M, and N in the name of the Defendant, a telecommunications business operator, in the name of the Defendant; and (e) around April 26, 2019, he/she received a proposal from the Defendant to designate the representative phone number of L, N as “O; and (e) designated the representative phone number of J, K, and M as P; and (e) transferred the above phone number to be used by the said winners.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of Q Q;

1. A written statement of Qua;

1. Account transactions;

1. Communications data;

1. Application of Acts and subordinate statutes on the details of modernization;

1. Article 97 subparagraph 7 of the Telecommunications Business Act and Article 30 of the same Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are favorable circumstances, such as the fact that the defendant confessions and seriously reflects the crime, and that there is no record of criminal punishment prior to the instant crime.

However, under the circumstances where various Bosing crimes, which have caused serious harm to our society, continue to take place, the act of providing telecommunications services, such as the instant crime, for communications of others, is in an indivisible relationship with the Bosing crime, and there is a high need to strictly punish such act.

(b).