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(영문) 서울동부지방법원 2019.09.19 2019고정614

전기통신사업법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 November 7, 2018, the Defendant received a proposal from an unsatisf to the effect that he/she will pay 20,000 won for each of the main chip by opening a mobile phone through a mobile phone. On the same day, the Defendant sent B message to the unsatisf, Defendant’s identification card, and notified the Defendant of the certification number sent during the opening of the mobile phone, thereby entrusting the opening of the mobile phone and the disposal of the mobile phone, thereby enabling the unsatisf to open the mobile phone (C) in the name of the Defendant and use the mobile phone in the name of the Defendant, thereby providing telecommunications service provided by the telecommunications business operator for another’s communications purpose.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Written statements and written complaints prepared in D;

1. Texts, details of transfer, and details of transfer;

1. Request for the provision of communication data, - reply

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of suspects A);

1. Article 97 subparagraph 7 of the relevant Act and Article 30 of the Telecommunications Business Act and the selection of fines for criminal facts;

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;