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(영문) 대전지방법원 2020.02.14 2019고단4967
전기통신사업법위반
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of five million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. No person who has mediated another person's communications through telecommunications services provided by a telecommunications business operator, or provided it for another person's communications;

Nevertheless, around April 30, 2018, the Defendant reported an advertisement of purchase of a mobile phone from a person without the name of “to pay KRW 800,000 per unit of 1,000,000,000,000 for transfer via the phone X” at a non-phone information page, and conspired with him to open the mobile phone under the name of the said Defendant and sell it to him.

Accordingly, the Defendant, from that time to May 3, 2018, opened five mobile phones (C, D, E, F, and G) in the name of the said Defendant at the time of Daejeon, from that time, to that of May 3, 2018. On May 3, 2018, the said Defendant received cash of KRW 4 million from an unsatisfyer in the name of the said Defendant in the apartment park near the Seo-gu, Seo-dong, Seo-gu, Daejeon, Seo-gu, Daejeon, and delivered the said five mobile phone to the unsatisfyer in the name of the said Defendant.

Accordingly, the above defendant provided telecommunications services provided by telecommunications business operators for another's communications purpose.

2. Defendant B

(a) No person shall intermediate another person's communications through telecommunications services provided by a telecommunications business operator or provide such services for communications of a third person on or before October 15, 2018;

Nevertheless, the above Defendant, on October 15, 2018, made an advertisement to grant money to a person who opened and transferred a mobile phone, and opened one mobile phone in the name of the above Defendant from the Daejeon Seo-gu mobile phone sales store, Seo-gu, Daejeon on the same day, and immediately thereafter received KRW 500,000 in cash from the person who was unaware of the name of the above sales store and deliver the said mobile phone to the person who was unaware of the name of the above Defendant, and let him use the above mobile phone under the name of the above Defendant.

Accordingly, the above defendant provided telecommunications services provided by telecommunications business operators for another's communications purpose.

B. The crime committed around October 18, 2018

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