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(영문) 수원지방법원 2019.07.10 2019고단1912

전기통신사업법위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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 a third party's communications.

Nevertheless, on January 28, 2019, the Defendant accepted the proposal that “a loan will be made as a start-up business operator, an office and an Internet telephone to prepare for a loan due diligence,” from a person who was not the deceased on his name, and accepted the proposal. On January 28, 2019, the Defendant opened a “D” number Internet phone in the name of the Defendant in the name of the Defendant in the Yeongdeungpo-gu Office B Building C, Young-gu, Seoul, which was designated by the deceased on January 28, 2019, and opened the Internet phone in total 15 Internet phone as indicated in the attached list of crimes, and used the above Internet phone.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to telephone details photographs, inquiries about communications data, certificates of subscription to the Internet telephone, and current status of subscription goods;

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 an alternative fine for punishment;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant opened a total of 15 Internet telephones in his name and allowed them to use their names. The crime of this case is not against the nature of the crime. It is also necessary to strictly punish the defendant in that the Internet telephone opened through the defendant was actually used for telephone financial fraud crimes.

However, the defendant recognized the crime of this case and reflects it, and the defendant has no other history of punishment except for punishment of a fine for gambling once for the crime of gambling.