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(영문) 전주지방법원 정읍지원 2020.05.14 2020고정30

전기통신사업법위반

Text

A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 5,00,000 won.

When the defendant does not pay the above fine.

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 a third party's communications.

[200 Go-Ma30] Around April 3, 2019, the Defendant was asked to open a mobile phone from sexual bitB at a mobile phone agency located in Yongsan-gu Seoul, Yongsan-gu, Seoul to open a mobile phone, and the Defendant opened the C-S (D) and E-S (F) respectively in the name of the Defendant, and received a total of KRW 300,000 from the above B.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for another's communications.

[200 Highest 111]

1. On March 5, 2019, around March 5, 2019, the Defendant: (a) received a request from a malicious phone agency located in Yongsan-gu Seoul Metropolitan Government to open and open a mobile phone from G mobile phone B; (b) opened a mobile phone in the name of the Defendant; and (c) received KRW 150,000 from the above B.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for others' communications.

2. On March 5, 2019, the Defendant: (a) received a request from a police officer of Seoul Special Metropolitan City or lower-ranking places to open and open a mobile phone from I; and (b) received KRW 1.50,000 from a J mobile phone (K) opened and used in his/her name on March 5, 2019.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for others' communications.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Each police statement of L/M;

1. Request for investigation report (the necessity of request for provision of communications data), and provision of communications data;

1. Investigation Report (for telephone numbers used for criminal conduct, for telephone numbers); 1. Application of reply statutes to requests for the provision of each communication 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. The crimes committed on April 3, 2019 and the crimes committed on April 3, 201 under Articles 40 and 50 of the Commercial Code are more severe Eas.