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(영문) 수원지방법원 안산지원 2020.02.14 2019고정994

전기통신사업법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

No one may intermediate a third party's communications or provide it for a third party's communications using telecommunications services provided by a telecommunications business operator.

Nevertheless, the Defendant loaned KRW 5 million without interest if he/she lends his/her name to a business operator by registering his/her business operator. He/she listened to the phrase “after the registration of a business operator,” and provided telecommunications services provided by a telecommunications business operator by opening a total of 35 telephone numbers as shown in the attached list of crimes, including the opening of C numbers at B radio operator around April 25, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement to E by the police;

1. E’s written petition;

1. The Korea Communications Service Certification Board;

1. Receipt for report of business closure;

1. Details of transfer;

1. Application of the Acts and subordinate statutes to communications data replys and requests for cooperation in investigations (request for business registration certificate);

1. Article 97 subparagraph 7 of the relevant Act and Articles 97 and 30 of the Telecommunications Business Act concerning criminal facts and the selection of fines;

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