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(영문) 수원지방법원 안양지원 2019.02.19 2018고단1861

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, on July 21, 2018, the Defendant accepted the proposal, stating, “The Defendant will loan the core chip up to KRW 1.60,000,000 for each opening of the opening,” and provided telecommunications services provided by a telecommunications business operator by opening a total of nine prepaid chips, such as written in the annexed Table of Crimes, from around that time to around 25th of that month, by photographing the Defendant’s identification card, etc. photographing the Defendant’s identification card, etc. to transmit the Defendant’s personal identification card, etc. to his/her name in the name, and by using it to open the cell number B (Telecommunications Company C)’s prepaid chip in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused (including attached documents);

1. Certificates and evidential data of D, E, F, and G;

1. The Internet report and evidentiary materials of H;

1. Application of Acts and subordinate statutes on reply to financial transaction information and communications data;

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

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. The fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is recognized and reflected, the primary crime is the primary crime, the defendant's age, character and conduct, environment, circumstances before and after the crime, and other various conditions of sentencing are considered.