전기통신사업법위반
Defendant shall be punished by a fine of KRW 700,000.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
A person who intends to operate a special value-added telecommunications business shall register with the Korea Communications Commission.
Article 2 Subparag. 13 of the Telecommunications Business Act provides, one of the “special value-added telecommunications services”, value-added services provided by a special type online service provider pursuant to Article 104 of the Copyright Act, and Article 104 of the Copyright Act provides, “The scope of online service providers (special type online service providers) whose main purpose is to allow others to transmit copyrighted works, etc. by using computers shall be determined and publicly announced by the Minister of Culture, Sports and Tourism. According to the public notice on the scope of special type online service providers (Public notice No. 2009-46 of the Ministry of Culture, Sports and Tourism), Article 2 Subparag. 13 of the Telecommunications Business Act provides, as one of online service providers (including organizations) who provide web site or programs so that individuals, family members, and other persons who provide services so that the public can share copyrighted copyrighted works, etc. stored in computers, etc. of individuals or corporations (including organizations) without permission
Nevertheless, on June 2012, the Defendant, without registering, operated the “Btel 1031” site in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, operated a value-added telecommunications business by posting an adult video file with copyright on the bulletin board and receiving KRW 3,300 from the site subscribers and allowing them to download the above video file.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of Acts and subordinate statutes on the website screen;
1. Article 95 subparagraph 3-2 of the Telecommunications Business Act and Article 22 (2) of the relevant Act on criminal facts;
1. Articles 70 and 69(2) of the Criminal Act for the detention of a workhouse;