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(영문) 광주지방법원 2020.12.10 2020고정684

전기통신사업법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 using telecommunications services provided by a telecommunications business operator or provide such services for a third party's communications.

Nevertheless, around October 2019, the Defendant: (a) sought a statement from a mobile phone agency with no knowledge of the trade name in the Yongsan-dong on a mobile phone; (b) sought a statement from a person without personal knowledge that he/she would purchase a core chip among Internet search; and (c) purchased a prepaid chip (B) from a person with no personal knowledge that he/she would sell a core chip; and (d) delivered it to a person with no personal knowledge of his/her name by using the passenger bus freight.

Accordingly, the Defendant provided telecommunications services provided by telecommunications business operators as above for the use of others’ communications.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the statutes on requests for provision of communications data;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.