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(영문) 서울북부지방법원 2020.09.23 2020고정909

전기통신사업법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

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.

Nevertheless, on March 16, 2020, the Defendant proposed that “a person in charge of loans in the name of a person in charge of loans (one-time “B agency”) at an annual interest rate of 4.5%, and that “a person shall be registered as an individual business operator, and the telephone number to be used for the business shall be opened at the opening of a loan.” On the same day, in Dobong-gu Seoul Metropolitan Government, he/she taken and sent identification cards and passbooks to the person in charge of the above name in Seoul, and sent them to the person in charge of the name in question, according to the instructions of the person in charge of the name in distress, and sent them to the person in charge of the name in writing by opening four representative numbers (E), F telephone numbers (G, H, I, and J) from D.

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

Summary of Evidence

1. Application of Acts and subordinate statutes to the Defendant’s legal statement made by the police statement to K, transfer certificates, text messages, telephone conversations details, D service subscription certificates, F.C. F. telecommunications charges to the K, and submission of text messages A;

1. Article 97 subparagraph 7 of the Telecommunications Business Act and Article 30 of the same Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.