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(영문) 전주지방법원 2019.08.13 2019고단301

전기통신사업법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one may intermediate a third party's communications or provide it for a third party's communications using telecommunications services provided by a telecommunications business operator.

Nevertheless, the Defendant, on September 16, 2018, proposed to the effect that “the Defendant will borrow 2 mobile phones and 30 mobile phones, etc. from the deceased on his name.” On November 16, 2018, the Defendant sent 2 mobile phones (D, 29 mobile phones), 4 mobile phones, 2 mobile phones (F, G) to the deceased on his/her name, from the Defendant’s office located in the former North-gun Armed Forces C around November 16, 2018.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written petition;

1. Certificates of transfer results;

1. A written statement;

1. Requests for the provision of communications data;

1. Application of J’s message recording legislation

1. Article 97 subparagraph 7 of the relevant Act and Article 30 of the Telecommunications Business Act and the selection of fines for criminal facts;

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

1. The first offense for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the first offense for sentencing, the fact that all of his errors are perceived and contradictory to each other, and the defendant’s age, character and conduct, environment, motive and circumstances of the instant crime, means and methods, circumstances after the instant crime was committed, etc. shall be determined by comprehensively taking into account the following factors: