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(영문) 대구지방법원 2017.10.18 2017고정1685

전기통신사업법위반

Text

Defendants shall be punished by a fine of three million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. Defendant A, on January 2016, 2016, extended a loan from Defendant A to a person with no personal seal to his/her name, by opening his/her cellphones together with Defendant D.

“F” at the sales store located in Daegu Northern-gu, the Defendant’s name opened five prepaids to G, H, and H&W telecom telecommunications companies in the name of the Defendant, and then, the telecommunications business operator provides telecommunications services provided by the telecommunications business operator for another’s communications purpose by providing the telecommunications business operator with a total of five prepaids of G, H, and K.

2. Defendant B, on January 2017, 201, paid money to a person with no name, by opening a friend L with a friman’s mind.

“F” at the sales store located in Daegu Northern-gu, Daegu-gu, opened to M, N,O, and L in the name of the Defendant, the Defendant provided telecommunications services provided by the telecommunications business operator for the use of another’s communications by providing the telecommunications business operator with a total of six prepaids of P, Q, and R to M, Q, and R, respectively.

3. Defendant C, on March 2017, posted on the Internet page by a person who was named as a police officer on March 2017, and paid cash in return for the face value.

The advertisement of “F” was reported, and the “F” store located in Daegu Northern-gu E opened three prepaids with the Defendant’s name to S, T, and U’s name for telecommunications services provided by telecommunications business operators for the use of another’s communications.

Summary of Evidence

1. Defendants’ respective legal statements

1. Details of response to requests for provision of communications data and the opening of each prepaid session;

1. Reports and investigation reports, application of Acts and subordinate statutes to written opinions;

1. Defendants of the relevant legal provisions and the choice of punishment concerning facts constituting a crime: Subparagraph 7 of Article 97 and the main sentence of Article 30 of the Telecommunications Business Act;

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act;

1. Defendants to be detained in the workhouse: Article 70 of the Criminal Code.