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(영문) 수원지방법원 안양지원 2021.01.07 2020고정473

전기통신사업법위반

Text

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

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

Reasons

Punishment of the crime

No one shall 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 October 2018, the Defendant: (a) provided a proposal to the effect that “B” online “B purchases a core chip; and (b) provided that “I will sell 9,000 won per one core chip to one core chip; and (c) provided a written consent that I would give 1,80,000 won if I sell 9,000 won per one core chip to one core chip; and (d) sent documents necessary for opening of the cell phone to Defendant’s driver’s license to his name, such as a photograph taken by Defendant’s driver’s license, and a written consent that I would give consent to opening of the cell phone; and (e) sent documents under the name of the Defendant by way of entrusting the opening of the cell phone and disposal of the cell phone to the name of the unqualified.

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

Summary of Evidence

1. Application of the Acts and subordinate statutes to each investigation report on each warrant reply data issued by the defendant's legal statement of deposit transaction records to each investigation report;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;