beta
(영문) 광주지방법원 2020.01.17 2019고정929

전기통신사업법위반

Text

Defendant shall be punished by a fine of two 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, around August 24, 2018, the Defendant: (a) received a proposal from an unqualified person to provide KRW 30,000,000 to the opening of a mobile phone; (b) obtained such proposal; and (c) sent the documents of application for establishment under the name of the Defendant to the effect that he/she consented to the opening of a mobile phone using “C,” and the Defendant’s identification card to the effect that he/she consented to the opening of a mobile phone; and (d) sent the documents of application for establishment under the name of the Defendant and the Defendant’s identification card to the unqualified person; and (e) had the unqualified person open the heart in the

Accordingly, the defendant provided telecommunications service provided by telecommunications business operators for the purpose of telecommunications.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 97 subparagraph 7 of the Telecommunications Business Act and the main sentence of Article 30 of the relevant Act on criminal facts;

1. Selection of an alternative fine for punishment;

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