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(영문) 수원지방법원 안산지원 2018.06.12 2018고단1447

전기통신사업법위반

Text

Defendant shall be punished by a fine of five 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 communications of a third party.

Nevertheless, on November 2017, the Defendant was offered to the following purport: (a) the Defendant: (b) on the one hand, who was aware of the name of the Defendant through the search from the from among the infinites; (c) on the other hand, “to give KRW 3,00,000,000 to the 30 Internet telephone via the opening of the 30 Internet phone; (d) around December 8, 2017, the 521 of the Masan-si B building B, Ansan-si; and (e) on the other hand, the Defendant opened a C number in the name of the Defendant in the name of the Defendant and transferred the telephone machine connected with the above number to the infinite service articles; and (e) from around the above day to December 11, 2017, the Defendant provided telecommunications services provided by the telecommunications business operator for the use of another’s telecommunications by opening a total of 31 telephone numbers as indicated in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to certificates verifying personal information of each subscriber, details of subscribers, and subscription to Internet telephones;

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 Competition;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The circumstances are that the Defendant committed the instant crime, such as the fact that the Defendant’s telephone number offered by the Defendant for sentencing of Article 334(1) of the Criminal Procedure Act was committed, the number of telephone numbers transferred by the Defendant, and the fact that the Defendant was paid the price, and the Defendant committed the instant crime.

However, the records, such as the defendant's occupation, sex, environment, and circumstances before and after the crime of this case, show the attitude against the defendant, the age of the defendant, there is no record of criminal punishment, and there is no record.