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(영문) 대구지방법원포항지원 2020.12.22 2020고단1512

전기통신사업법위반

Text

The sentence against the accused shall be determined by a fine of KRW 3,00,000.

When the defendant does not pay the above fine.

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 a third party's communications.

Nevertheless, on June 19, 2020, the Defendant extended 5 million won per credit card to 5 million won per credit card, which was known to the Defendant. He receives 5 million won per credit card. Two copies of the card are set at one million won per day on the face of a week. The construction of a CM will be subject to the number certification by opening the pre-paid chip in the name of the company and changing information to its number. The Defendant accepted the proposal. On June 19, 2020, the Defendant sent 2 pre-paid mobile phone number of F(G) and H(I (I) phone number under the name of the Defendant at the mobile phone agency located in the second floor of the DD building located in the north-gu Seoul Special Metropolitan City, Nowon-gu, as of June 19, 2020.

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

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Written Statement;

1. Investigation report (to attach data requested to provide communications data);

1. Application of Acts and subordinate statutes for transfer certificate;

1. Article 97 subparagraph 7 of the Telecommunications Business Act and 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 a fine to choose a sentence [to consider the fact that some of the core chips of this case were used for the scaming crime, but the commission of the crime and the mistake are reflected, the absence of criminal records, and the passive participation in the crime];

1. Articles 70 (1) 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;