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(영문) 서울서부지방법원 2013.08.21 2013고정1125

전기통신사업법위반

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a “D” website providing P2P services under the trade name “C” in Mapo-gu Seoul Metropolitan Government 613.

A person who intends to operate a special value-added telecommunications business by providing functions so that individuals or corporations may download works, etc. stored in their computers, etc. and paying expenses to the public shall prepare necessary matters and register with the Korea Communications Commission within six months from the enforcement of the Telecommunications Business Act (Act No. 10656).

Nevertheless, the Defendant, without registering with the Korea Communications Commission from May 20, 2012 to June 20 of the same year, operated a special value-added telecommunications business in which a person who receives a download by providing a program by which members can download the copyrighted work which he/she opened on the “D” website from Seoul Mapo-gu Seoul, Mapo-gu and 5th 613, and pays a certain amount of money to the points that he/she received.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to accusation and investigation report (the current status of registration of special value-added telecommunications business operators);

1. Relevant Article 95-3-2 of the Telecommunications Business Act and Articles 95-2 and 22 (2) of the same Act concerning criminal facts and the selection of fines;

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