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(영문) 서울북부지방법원 2016.07.21 2016고정1217

정보통신망이용촉진및정보보호등에관한법률위반

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

The defendant is the representative of the LABD.

No person who transmits advertising information for profit by using an electronic transmission medium shall take various measures to conceal the identity of the sender of advertising information or the source of advertising transmission.

Nevertheless, from February 2016 to April 201, 2016, the Defendant joined a communications company with which the trade name cannot be known in order to conceal the identity of the sender or the source of advertising transmission from February 2016 to April 4, 2016 and used by the Defendant.

In a way that 070 telephone numbers are displayed in general telephone numbers, 2-3 times a week, 50-300 telephone numbers per day were transmitted to unspecified phone numbers.

Summary of Evidence

1. Statement by the defendant in court;

1. To apply the received text on loan documents, the details of reports on illegal brochures, provision of communication data at the request, and the application of the statutes on the copy of the certificate of registration of loan brokerage business;

1. Article 74 (1) 4 and Article 50 (5) 4 of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, etc., concerning facts constituting an offense, the relevant Article of the Act and Articles 74 (1) 4 and 50 (5) 4 (Selection of penalty);

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;