beta
(영문) 대전지방법원 천안지원 2017.11.02 2017고정571

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 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.

On July 28, 2016, the Defendant opened the Defendant’s pre-paid trial (E, F, G, and H) on July 29, 2016, by sending identification cards, face pictures, and photographs to the Defendant’s name (E, F, G, and H), and by sending I’s pre-paid mind on July 29, 2016, the Defendant provided five pre-paid trials for another person’s communications. < Amended by Presidential Decree No. 27420, Jul. 29, 2016>

Summary of Evidence

1. Statement by the defendant in court;

1. Attachment of a list of spophones opened in the name A;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a copy of case records against D);

1. Relevant Articles 97 and 7 of the Telecommunications Business Act and the main sentence of Article 30 (Selection of Punishment) concerning facts constituting a crime;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the circumstances leading up to the instant crime; (b) the profits earned by the Defendant; and (c) the Defendant has no record of criminal punishment except for fines once; and (d) the Defendant’s property status