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(영문) 광주지방법원 2018.07.17 2017고단224 (3)

전기통신사업법위반등

Text

Defendant

A shall be punished by a fine of 5,00,000 won, by a fine of 3,00,000 won, and by a fine of 3,00,000 won, and Defendant C, respectively.

Reasons

Punishment of the crime

[criminal record] On October 27, 2016, Defendant A was sentenced to imprisonment with prison labor for fraud and larceny by the Seoul Northern District Court on the ground that the judgment became final and conclusive on March 31, 2017.

Defendant

C was sentenced to four months from January 28, 2015 to larceny, and the execution of the sentence was terminated in a permanent prison on August 19, 2015. On January 15, 2016, the Daegu District Court sentenced two years to a suspended sentence of eight months for the crime of aiding and abetting fraud, which became final and conclusive on January 23, 2016.

[Criminal facts]

1. Defendant A

(a) No person who violates the telecommunications business Act shall intermediate a third party's communications using the telecommunications services provided by the telecommunications business operator, or provide it for the purpose of communications of the third party;

From March 7, 2016 to March 12, 2016, the Defendant opened 20,000 won in the non-line mobile phone agent located in Gwangju Dong-dong, including E (3.7 openings) and F (3.12 openings) in the name of the Defendant, and provided G with 15,000 won in the name of H in the non-line mobile phone agent located in Gwangju-dong, Seo-gu, Gwangju (4.15 openings), J (4.15), K (4.15), L (4.15), and L (4.15.5) for telecommunications service except for the non-phone service.

(b) No person who violates the Electronic Financial Transactions Act shall transfer or acquire any medium, etc. access to electronic financial transactions;

On April 2016, the Defendant: (a) transferred a corporate bank passbook (Account Number Non) in the name of He/she, cash card, etc. to G on the street in front of the department store located in Jung-gu, Gwangju; and (b) transferred the electronic financial transaction access media in the name of He/she (U.S.).

2. No one may intermediate another person's communications, or provide it for the purpose of communications, using telecommunications services provided by telecommunications business operators;