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(영문) 서울북부지방법원 2020.09.23 2020고정1043

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

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 September 10, 2019, the Defendant received a proposal from the above person under whose name the advertisement was reported through Internet search, and received a proposal from the above person under whose name the Defendant “to give a cell phone in the name of the party, 25,000 won per one line.” On the same day, the Defendant taken the Defendant’s identity card, and sent the Defendant’s prepaid cell phone opening application prepared by the Defendant. On September 18, 2019, the Defendant used the above documents, etc. to open the B(C) line in the name of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing communications data replys;

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