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(영문) 수원지방법원 2019.10.29 2019고정1094

전기통신사업법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

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.

1. On September 22, 2017, Defendant B opened 10,000 won in total from September 25, 2017 to a mobile phone agency located in Seoul (hereinafter referred to as “C”) in the name of the Defendant, and provided H with 10,000 won by opening 10,00 won in total from September 25, 2017, and selling 200,000 won in 200 to the Defendant’s mobile phone agency for the purpose of communications.

2. Defendant A, around June 30, 2017 and around August 16, 2017, at the mobile phone agency in the name and incompetence (hereinafter referred to as the “SJ”) and the “L (M) mobile phone” mobile phone (USIM) opened in the name of I from I and provided it for another person’s communications purpose.

Summary of Evidence

1. The legal statement of the defendant A (as of the second trial date);

1. Defendant B’s partial statement

1. Investigation report (Attachment to the judgment, etc. on the purchaser of the oil at the time);

1. Application of Acts and subordinate statutes to investigation report (Article 2018-type 81833 and 89175, etc.) (Article 2018-type 818-type 8183 and 89175, etc.)

1. Defendants: Article 97 Subparag. 7 and Article 30 of the Telecommunications Business Act; Selection of a fine and fine

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

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