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(영문) 전주지방법원 2020.12.16 2020고정288

전기통신사업법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

No person shall intermediate another person's communications or provide it for another person's communications using telecommunications services provided by a telecommunications business operator.

Nevertheless, on June 10, 2019, the Defendant reported the sales advertisement of the so-called chip posted by the person who was unaware of his name on the Internet B car page, contacted the person who was unaware of his name, and subsequently consented to the proposal that “if sales of the so-called chip, the Defendant would offer KRW 10,000 or KRW 15,000 per opening,” and then, around June 12, 2019, the Defendant transferred the Defendant’s mobile phone C (D) No. 15 mobile phone numbers in the name of the Defendant by delivering documents necessary for opening the cell phone to the person who was unaware of his name, such as a copy of the Defendant’s identification card, a written pledge of opening the cell phone, etc., to the person who was unaware of his name.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Requests for the provision of data and communications data;

1. Application of Acts and subordinate statutes to an investigation report (a search and inspection warrant, reply (a reply to verification of the identity of a suspect) and an investigation report (an investigation on the nominal owner of a B account), an investigation report (a reply to a request for communications data provision, a reply to a request for an investigation (a reply to a request for a statement of communications data, 2019-2075, 2019-2492), an investigation report (a confirmation of the details of sales of a person who owns a mobilephone) (a confirmation of the identity of a person who has already

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 each alternative fine for punishment;

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

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

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