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(영문) 광주지방법원 순천지원 2019.06.13 2018고단2263
전기통신사업법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 17, 2018, the Defendant was sentenced to six months of imprisonment and two years of suspended execution for violating the Electronic Financial Transactions Act at the Gwangju District Court on January 17, 2018, and the above judgment was finalized on January 25, 2018.

No one may intermediate a third party's communications using telecommunications services provided by a telecommunications business operator under the Telecommunications Business Act, or provide such services for communications of a third party.

Nevertheless, on August 25, 2017, when the Defendant searched the Internet at the Defendant’s residence located in B, the Defendant: (a) made an advertisement stating that “If he/she lends his/her name to a student in order to open a pre-paid phone, he/she will provide KRW 100,000 per pre-paid; and (b) received a proposal that “if he/she lends his/her name to a student in order to open a pre-paid phone, he/she will pay KRW 100,000 per one after opening the pre-paid phone after affixing his/her identification card” from the above-mentioned person; (c) sent his/her driver’s license in his/her possession on a mobile phone at that time; and (d) sent his/her nameless person to the Defendant’s cell phone name (D and E) and then sent it to the account.

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

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the fourth police interrogation protocol regarding F;

1. A copy of each written application for opening and a copy of identification card;

1. Previous convictions in judgment: Application of inquiry reports and investigation reports (reports attached to judgments on suspects and summary orders) Acts and subordinate statutes;

1. Article 97 subparagraph 7 of the relevant Act and the main sentence of Article 30 of the Telecommunications Business Act and the selection of fines for negligence;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment order is issued for the reasons above Article 334(1) of the Criminal Procedure Act.

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