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(영문) 서울북부지방법원 2019.10.01 2019고정1048

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 November 4, 2016, the Defendant opened his/her mobile phone (E) at the D main points near Cbank C Bank's area located in Seoul Jung-gu, Seoul, and used F to open his/her mobile phone (H) in the G market around April 24, 2017, and continued to use F with his/her name opened at D main points in Seoul, Jung-gu, Seoul.

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

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. Investigation report (specific number for telephone service of internal victims) (specific;

1. Two copies of the judgment and several times of the judgment;

1. Application of Acts and subordinate statutes to currency statements;

1. Article 97 subparagraph 7 of the Telecommunications Business Act and the main sentence Article 30 of the same Act concerning criminal facts and the selection of punishment;

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. To partially reduce a fine prescribed in a summary order by taking into account the following: (a) the Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act is against the Defendant; and (b) some of the circumstances that may be taken into account in the course of committing the crime.