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(영문) 대구지방법원 2020.12.15 2020고정1670

전기통신사업법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 May 2019, the Defendant entered into a mobile phone service contract with a telecommunications business operator at a place where the location is unknown, and provided a cell phone (C and D) with a mind to provide another person with an open cell phone for the purpose of communications. The Defendant provided a cell phone “C” and “D” with the name of the Defendant used for a loan fraud crime.

Accordingly, the defendant provided the cellular phone depth in the name of the defendant for another person's communication.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to report internal investigation (Submission of materials, such as suspect, text, etc. of the complainant);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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;

1. Since there is no change of circumstances to be considered in sentencing after notification of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the amount of fine prescribed in the summary order shall be maintained as it is.