beta
(영문) 대전지방법원 2019.08.22 2019고정224

전기통신사업법위반

Text

Defendant shall be punished by a fine of three 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 January 9, 2018, the Defendant received a proposal to the effect that “the Defendant would give KRW 50,000 per each line of the front line of the front line,” which he/she became aware of through the Internet search, from an unexponed person of the name that he/she came to know through the Internet search, and accepted it, and then sent his/her identification card to the mobile phone designated by the unexponed person of the Defendant’s name by affixing his/her identification card, and allowed the unexponed person to open the B prepaid phone under the name of the Defendant on February 9, 2018.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for the use of others.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each petition of D, E, F, and G and the statement of the injured party;

1. Application of each warrant, each communication data meeting, and the Acts and subordinate statutes governing the extension of financial information meeting;

1. Relevant Article of facts constituting an offense, and subparagraph 7 of Article 97 of the Telecommunications Business Act and the main sentence of Article 30 of the same Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;