beta
(영문) 인천지방법원 2020.09.24 2020고정617

전기통신사업법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Justice] On August 30, 2018, the Defendant appealeded six months of imprisonment with prison labor for fraud at the Incheon District Court, but the appeal was dismissed, but the appeal was dismissed, and the above judgment became final and conclusive on January 10, 2019. On October 8, 2019, the same court sentenced six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint conflict) at the same court, and the above judgment became final and conclusive on October 14, 2019.

【Criminal Facts】

No person may intermediate a third party's communications using telecommunications services provided by a telecommunications business operator, or provide it for a third party's communications.

The Defendant: (a) on December 5, 2018, at a place where it is impossible to know the name of the Incheon Bupyeong-gu, or below, on the Internet advertisement; (b) consented to the offer that “I will open one of the cellphones to two to 30,000 won; (c) prepare an identification card necessary for opening the cell phone; (d) a photograph of identification card necessary for opening the cell phone; (e) a cell phone opening attorney and a letter of delegation; and (e) sent the phone to the Kakaox on or around December 28, 2018; and (e) opened two cell phone numbers, such as one cell chip (the telephone number: B; C); and (c) around December 28, 2018, the Defendant received the consideration.

The Defendant provided telecommunications services provided by telecommunications business operators for another’s communications purpose.

Summary of Evidence

1. Details of communication made under the name of the police suspect A to the accused;

1. The criminal place;

1. Previous records of judgment: Criminal records, reply reports, the fixed date of inquiry into the case, and the application of statutes of the Incheon District Court judgment;

1. Article 97 subparagraph 7 of the relevant Act and Articles 97 and 30 of the Telecommunications Business Act concerning criminal facts and the selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 70(1) of the Criminal Act for the detention of a workhouse.