beta
(영문) 대전지방법원 공주지원 2016.12.09 2016고정57

전기통신사업법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person may intermediate other persons' communications or provide them for communications using telecommunications services provided by a telecommunications business operator.

Nevertheless, on April 2015, the Defendant received a request from a person who was unable to know his name while living in the area B located in the Dong-dong-gu, YK Telecom to open his cellphones, and accepted it, and (1) the Defendant provided two cell phoness (C and D) to the Defendant’s name and provide the above cell phone numbers to the telecommunications service for the purpose of other’s communications, knowing that he was aware of the fact that he was living in the area B located in the Dong-gu, YK Telecom and provided the telecommunications service provided by the telecommunications business operator for the purpose of telecommunications.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes to each data meeting and communication data meeting;

1. Article 97 subparagraph 7 of the Telecommunications Business Act and the main sentence of Article 30 of the same Act concerning 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

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