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(영문) 인천지방법원 2017.06.08 2016고정2460

전기통신사업법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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, around December 5, 2014, the Defendant opened a mobile phone number (D) in the name of the Defendant at a location in B C located in Seoul Special Metropolitan City, Gwangjin-gu, and provided telecommunications services provided by KT for another person for the purpose of communications, as shown in the list of crimes in attached Form 10 times, including allowing the non-personal names to be used in the name of the Defendant immediately.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Details of request for provision of communication data and purchase of A phone numbers;

1. Report of investigation (Inquiry into the details of subscription to the A phone number), report of investigation [A's phone opening records (a's phone opening records)], and application of Acts and subordinate statutes to report of investigation (a's mobile phone opening records);

1. Article 97 Subparag. 7 and Article 30 of the Telecommunications Business Act and the selection of fines for criminal facts as well as the selection of punishment;

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

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;