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(영문) 대구지방법원 2020.03.18 2018고정1247

전기통신사업법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

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 March 9, 2018, the Defendant reported on the Internet advertisement with the term “portable small amount loans” and heard the expression “to offer money through opening a core chip” from the needy party, and opened one core chip (portable phone No. B) under the name of the Defendant at an irregular mobile phone agency in which the Defendant received the said money, and used the said microphone to use the money.

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

Summary of Evidence

1. C’s statement;

1. Details of transaction transfer and reply to communications data;

1. Application of Acts and subordinate statutes to a police internal investigation report (as to the transmission of D Game money and attachment of a Kakao Stockholm conversation)

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;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order is serious for treatment of young children suffering from rare or incurable diseases.

In light of the fact that the defendant committed the crime and the damage caused by the defendant's core chip is about 2.30,000 won, the fine amount prescribed in the summary order shall be reduced as ordered. It is so decided as per Disposition for the above reasons.