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(영문) 인천지방법원 2014.05.21 2014고정163

전기통신사업법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No person shall intermediate another person's communications or provide another person's communications through telecommunications services provided by telecommunications business operators.

Nevertheless, the Defendant: (a) obtained a proposal from a person who was unaware of the name to operate his/her mobile phone agency to the effect that he/she would open his/her mobile phone in the name of his/her own bank in return for the opening of his/her mobile phone; (b) obtained a proposal from a third party to the opening of his/her mobile phone; and (c) received a transfer of KRW 700,000,000 in total from May 1, 2012 to his/her new bank account from his/her new bank account on the second floor of the Incheon Southern-gu building B; (d) on August 3, 2012, at an agency located in Daejeon-gu, Daejeon-gu around the 16th day of the same month; and (d) obtained a transfer of KRW 170,00,000 from May 17, 2012 to his/her new bank account.

Accordingly, the Defendant received 700,000 won in total from the four mobile phones as above, and provided them to the person with no name.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement of K;

1. Application of the Acts and subordinate statutes concerning communications company data;

1. Article 97 subparagraph 7 of the Telecommunications Business Act and the main sentence of Article 30 of the same Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 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.