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(영문) 서울중앙지방법원 2018.08.13 2018고정1386
전기통신사업법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

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.

Nevertheless, on November 201, 2017, the Defendant sent the Defendant’s resident registration certificate necessary to open his/her cell phone in the name of the Defendant and his/her face photographed to his/her cell phone number designated by the above non-titled person, and let the above non-named person open his/her cell phone in the name of the Defendant and use it for communications by opening the DNA mobile phone in the name of the Defendant.

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. Statement made by the police for E;

1. Application of Acts and subordinate statutes to communications data and the results of replies;

1. Article 97 of the relevant Act and Article 97 subparagraph 7 of the Telecommunications Business Act and the main sentence of Article 30 concerning criminal facts, and the 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;

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