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(영문) 광주지방법원 2013.07.11 2013고정476

전기통신사업법위반

Text

1. Defendant A is not guilty. 2. Defendant B is not guilty. Defendant B is punished by a fine of KRW 30 million.

Reasons

The crime history room (Defendant B Co., Ltd.) was a person working as the technical deputy head of Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) (hereinafter “Defendant Co., Ltd.”) from November 2010 to July 13, 2012. The F is the director of Defendant Co., Ltd., G, and H’s employee.

No person shall provide services to change a caller's phone number for profit-making purposes, except in extenuating circumstances, such as for public interest or providing convenience to the receiver.

Therefore, when the employee of the defendant company receives an application for change of the phone number from the Internet telephone subscriber, he/she should verify whether the above justifiable grounds exist and change the phone number.

Nevertheless, on January 9, 2012, E obtained a ID and password from F, the director of the Defendant Company, to access the computer system of the Defendant Company, to change the phone number from the Internet phone opening to the Internet phone opening, and then provided a transmission number change service in a total of 975 times from around the time to September 19, 2012 by transferring the ID and password to I and J in China, and allowing them to change the phone number from the Internet phone K opening to L around January 9, 2012.

Accordingly, E, etc. provided services to change the caller's phone number for profit without justifiable reasons.

B. In addition, E, from January 11, 2012 to September 21, 2012, directly changed the phone number from that time to September 21, 2012, using a ID and password for employees, who received a request from I and J to re-issue the phone number of the Internet phone M which was opened by accessing the computer system of the Defendant company, and changing the phone number of the above Internet phone number to N.