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(영문) 서울중앙지방법원 2020.06.09 2020고정349

전기통신사업법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000 (No. 2,000).

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

No person may provide telecommunications services provided by a telecommunications business operator for any third person's communications.

On June 2019, the Defendant: (a) opened and sent a telephone machine at the time of receiving a loan from an unsworn person; (b) consented to telephone calls and received a loan from an unsworn person; and (c) opened a telephone machine under the name of the Defendant and sent it to the said unsworn person.

1. On June 18, 2019, the Defendant opened 10 lines of wire telephone E, F, G, H, I, J, K, K, L, M, N, etc. of Geumcheon-gu Seoul Metropolitan Government building C in the name of the Defendant, and opened 10 lines of this phone call to the non-resident via Kwikset Services.

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

2. On June 26, 2019, the Defendant opened 10 circuits, such as Q, R, S, T, U,V, W, X, Y, and Z in the name of the Defendant in the name of the Defendant from the cable telephone of Geumcheon-gu Seoul Metropolitan Government (O) of P, and opened 10 telephone calls to the Nonindicted Party through Kwikset Services.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of the Acts and subordinate statutes to inquire into and reply to the content of A currency, the sending number of the application for change, the contents of Kakakao conversation, and communications data

1. Article 97 subparagraph 7 of the Telecommunications Business Act and Article 30 (Selection of Punishment of Fines)

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.