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(영문) 서울동부지방법원 2013.04.26 2012고정3265

전기통신사업법위반

Text

Defendant

Punishments against A shall be punished by a fine of KRW 3,00,000, and fine of KRW 2,000,000 for Defendant B.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established on August 11, 201 for the purpose of e-commerce business, etc., and is a profit-making business entity that opens and manages the “C” website providing online services (welve, P2P). The defendant A is the representative director of the above company.

A person who intends to operate special value-added telecommunications business shall register with the Korea Communications Commission in accordance with requirements and procedures prescribed by Presidential Decree.

Nevertheless, from October 1, 201 to August 29, 2012, Defendant A operated a value-added telecommunications business by mediating for profit the communications of the members who joined the above site using the Internet exclusive telecommunications line system, which is a telecommunications line equipment, at the above office. Defendant B operated a value-added telecommunications business, such as mediating for profit the communications of the members who joined the above site. Defendant B, the representative director, at the same time and place, committed the above violation.

Summary of Evidence

1. Protocol concerning the suspect interrogation of each of the Defendants

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 95 Subparag. 3-2 and Article 22(2) of the Telecommunications Business Act; Defendant A who selects a fine: Articles 103, 95 and 22(2) of the Telecommunications Business Act;

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;