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(영문) 수원지방법원 안양지원 2018.11.02 2018고단1035

전기통신사업법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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 communications of a third party.

Nevertheless, the Defendant, on March 3, 2017, at the street shop in front of the mobile phone sales store of the Mapo-si B building No. 3 of the Mapo-si, Si, Si, Gunpo-si, the Defendant: (a) reported an advertisement of the “personal phone loan” posted by the Internet Nuri-si C while searching the Internet Nuri-si site in order to commit a crime of “on-the-counter relief” (the method to open and sell it after opening the mobile phone on the condition of financing, other than the purpose of using the mobile phone service), and then consulted the first after consultation, and hear the name, character, color, color, etc. of the mobile phone model necessary for committing the crime, and entered the said sales store. However, according to the evidence adopted by the Defendant, even if the Defendant’s application for membership was corrected, it does not interfere with the Defendant’s exercise of his/her right to defense ex officio.

The two copies of the application form for accession are prepared, and the opphone 7 mobile phone number is opened to the E or F number, respectively, and the opphone 7 mobile phone number is transferred to the said D, which was waiting outside, and in return, received KRW 1.30,000 from the general account of a new bank account in the name of C.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for the purpose of telecommunications.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police against C or D;

1. Application of the Acts and subordinate statutes to inquiries into the KT Communications Data (No. 2, 495 pages of evidence records) out of copies of the internal investigation report (referring to the other party's internal investigation);

1. Article 97 of the relevant Act and Articles 97 and 30 of the Telecommunications Business Act concerning facts constituting a crime;

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

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The facts charged.