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(영문) 수원지방법원 성남지원 2018.07.24 2018고정517

전기통신사업법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall solicit, arrange, mediate, or advertise a contract for the provision of telecommunications services that require the use of a mobile communications terminal device on condition that he/she provides or lends funds.

Nevertheless, on September 26, 2016, the Defendant called “B, in the absence of trust, is able to impose money on another person by opening a mobile phone and give money to a third person.” On September 26, 2016, the Defendant sent two persons under B and B, who opened B’s mobile phone name at the nearby mobile phone agency, and caused B to open B’s mobile phone name.

Accordingly, the Defendant recommended and arranged the contract on the provision of telecommunication services necessary for the use of mobile communication devices in B, on condition that the Defendant provides or lends funds to B.

Summary of Evidence

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

1. Application of Acts and subordinate statutes of each police statement protocol to B;

1. Relevant Article of the Act and Articles 95-2 subparagraph 3 and 32-4 (1) 2 of the Telecommunications Business Act concerning criminal facts, and selection of fines;

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;