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(영문) 대전지방법원 논산지원 2020.04.28 2020고정15

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 March 13, 2019, the Defendant: (a) received a proposal from an employee of Bophishing, who was unable to know his name, to open a prepaid chip in the name of the Defendant, via text messages, and to offer KRW 100,000 won on the face of the week by transferring the relevant digital chip; (b) entered a prior cell of a radio operator “B” at a place where his name is unknown on March 13, 2019; and (c) sent the relevant digital chip to the address designated by the said organization on the same day; and (d) sent the same to the address on which the said organization was designated by the said organization; and (e) made the said organization

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes concerning the report on internal investigation (to attach copies of the data in the case No. 2019-1049 of the case number), the closure screen after the recording of telephone conversations, and B correspondence reply data;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.