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(영문) 수원지방법원 성남지원 2021.02.05 2020고정1040

전기통신사업법위반

Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

No one may intermediate a third party's communications using telecommunications services provided by a telecommunications business operator, or provide such services for communications of a third party.

Nevertheless, around May 19, 2020, the Defendant reported an advertisement posted on the Internet B website with the title “place where a person is able to borrow a new chip” and made a proposal to the name-free person to contact the name-free person with the Kakakaox and to pay 20,000 won per unit to the name-free person.” On the same day, the Defendant consented to the offer that “I will receive KRW 20,000 per unit of the current chip on condition that he rents a echip,” and the Defendant’s resident registration certificate with a photograph affixed on the Defendant’s resident registration certificate and sent it to the above name-free person by means of transmitting the above name-free person’s name “E”, “F”, and “G” mobile phone image.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for the use of telecommunications services.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes, such as the victim HKakao Stockholm dialogue content, suspect A’s text message content, and account transaction details;

1. Article 97 of the relevant Act and Articles 97 and 30 of the Telecommunications Business Act concerning criminal facts as well as the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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