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(영문) 청주지방법원 2020.12.11 2020고단1604

전기통신사업법위반

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No one may intermediate a third party's communications or provide it for a third party's communications using telecommunications services provided by a telecommunications business operator.

Nevertheless, around September 2019, the Defendant reported on the advertisement of “the bank bills or personal loans hone............................, on the face of the SNS service, and sent the advertisement to the person under whose name the name the Defendant’s personal information such as the name, address, etc. was recorded in the customer column so that the person under whose name the name was lost can open the cell phone in the name of the Defendant, and agreed to provide the cell phone heart in the name of the Defendant, and then, the Defendant sent the application form and the driver’s license to the customer column, and then sent the fact of the “C” to the person under whose name the name the person under whose name the name was lost was sent through the cell phone of the radio operator B.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for another's communications.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing requests for communications data provided by police officers to D;

1. Article 97 applicable to the relevant criminal facts and the selective telecommunications business concerning the selection of punishment, and Articles 97 and 30;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the circumstance of the instant case, the Defendant had the record of committing the crime of violating the Electronic Financial Transactions Act during the suspended execution period, and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances before and after the crime, etc. shall be comprehensively considered.