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(영문) 부산지방법원 2018.08.22 2018고정591

전기통신사업법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

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.

1. On April 12, 2017, the Defendant: (a) opened three prepaid mobile phones in his/her name (the phone number: D and two number number number omitted); and (b) sold 30,000 won per one prepaid cell phone to E around that time.

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

2. On April 13, 2017, the Defendant sold three prepaid mobile phones in his/her name from the “G” mobile phone sales store located in the FF and the first floor of the Sinsan City on his/her own name (H, I, and J), one prepaid mobile phone in his/her name from the aforementioned mobile phone sales store on April 15, 2017 (J) and two prepaid mobile phones in his/her name from the aforementioned mobile phone sales store on April 29, 2017 (K and L), and six prepaid cores that were delivered at the same place after being opened each time to E, respectively.

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

Summary of Evidence

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

1. A protocol concerning the examination of suspects of M by prosecutors;

1. A protocol concerning the interrogation of suspects of E;

1. Application of the Act and subordinate statutes to the investigation report (in the introduction of theM, the names of those who opened the prepaid in G), investigation report (G), and investigation report (the number of the suspects A related to “G”) to the Act and subordinate statutes

1. Selection of a fine and fine under Article 97 Subparag. 7 and the main sentence of Article 30 of the relevant Act on Criminal facts;

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.