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(영문) 부산지방법원 2018.01.25 2017고정2061

정보통신망이용촉진및정보보호등에관한법률위반

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

A person who transmits advertising information for profit by using an electronic transmission medium shall not take various measures to conceal the identity of the sender of advertising information or the source of advertising transmission, and no one shall transmit advertising information for goods or services prohibited by this Act or any other Act through an information and communications network, and no person may advertise for lending business, other than credit service providers or credit financial institutions.

Even if the Defendant is not a credit service provider or a credit financial institution, in collusion with C, from January 201 to March 13, 2017, the Defendant sent “E Loan Notice” as an average of 1,000 items to 1,500 items to 1,500 items per day for advertising loans under Da, 5 Dong 306 from around January 2017 to March 13, 2017, and the Defendant did not indicate the serial number in a document sent by facsimile using a liquid facsimile program. The Defendant sent advertising information for the purpose of detecting the identity of the sender of advertising information or the source of advertising transmission by stating the so-called “largephone” number, which is the mobile phone number of another person’s mobile phone name, using the information and communications network, and transmitted advertising information for goods or services prohibited by law.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. One-time suspect examination protocol against C by the police;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes to notice for loan advertising (eight pages for investigation records);

1. Article 74 (1) 4 and Article 50 (5) 4 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc., Article 30 of the Criminal Act (the point of taking measures to conceal the identity of the sender of advertising information) concerning criminal facts, Article 74 (1) 6 and Article 50-8 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc., Article 30 of the Criminal Act (the point of transmitting advertising information for prohibited goods and services);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Punishment;