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(영문) 서울동부지방법원 2016.10.26 2016고정1376

전기통신사업법위반

Text

Defendants shall be punished by a fine of KRW 500,000.

Defendant

If A does not pay the above fine, 100.

Reasons

Punishment of the crime

1. No person who is a defendant shall provide services that can display a false phone number of a caller for profit, such as duplicating the phone number of a caller;

Nevertheless, the Defendant:

A. On April 2015, at the B office of the Defendant’s management Co., Ltd. located in Songpa-gu Seoul and 1509, the telephone number was changed to “E” at the request of the said Section D even if (State) D was assigned the Internet phone number starting at “070”; and

B. Around May 2015, the above phone number was changed to “G” and “H” at the request of the above F even if the Internet phone number starting from “070” was allocated to the customer F.

Accordingly, the defendant provided a customer's request for the operation of the company to change the caller's telephone number for profit.

2. Defendant B is a corporation established for the purpose of independent communication business.

The defendant committed the above violation at the above date, time, and place, which is the vice president of the defendant, with respect to the business of the defendant.

Summary of Evidence

1. Defendants’ respective legal statements

1. A petition (including a report on the results of a fact-finding survey on the site of attached telecommunications business operators);

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Defendant A: Articles 95-2 subparagraph 5 and 84-2 (2) of the Telecommunications Business Act; Articles 103, 95-2 subparagraph 5, and 84-2 (2) of the Telecommunications Business Act; and

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

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

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