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(영문) 서울남부지방법원 2014.04.02 2014고정563

전기통신사업법위반

Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the B operator of a siren site.

From April 6, 2013 to October 2013, the Defendant posted a siren file that allows site visitors to download works, etc. stored in their own computer on the basis of “tourt”, which is a computer file download and download technology atp 2p-based, while operating the said site, and posted an advertisement “bann”.

As such, the Defendant, who operates an Internet site that gains commercial profits, is engaged in “special type of value-added telecommunications services” under the Telecommunications Business Act, and operated without registration despite being registered with the Minister of Science, ICT and Future Planning with the matters falling under each subparagraph of Article 22(2) of the Telecommunications Business Act.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to other site membership inducement-related evidential data;

1. Article 95 (3)-2 and Article 22 (2) of the Telecommunications Business Act and the selection of fines for criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order did not have much profits earned by the defendant from the crime of this case. Considering the fact that the defendant divided the crime of this case into a truth-finding, the above site is closed and the defendant does not repeat the crime, and the defendant does not have any criminal record.