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Defendants shall be punished by a fine of two million won.
The Defendants did not pay each of the above fines.
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.
In spite of that fact,
1. From August 10, 2015 to August 11, 2015, Defendant A provided telecommunications services provided by telecommunications business operators for the purpose of communications by others, such as preparing four copies, etc. of an application form for joining mobile phones in the name of the Defendant, as shown in the attached Table 2, as in the attached Table 3, through the staff of the Daejeon Seo-gu Daejeon Office, Daejeon, and through the staff of D, as in the attached Table 2, and delegating the opening and disposal of the mobile phone to a total of KRW 1,80,000.
2. From May 28, 2015 to May 29, 2015, Defendant B provided telecommunications services provided by telecommunications business operators for the purpose of communications by others, such as preparing four copies, etc. of an application form for joining mobile phones in the name of the Defendant, as shown in the attached Table 4, through “D” personnel, as shown in the attached Table 4, and delegating the opening and disposal of mobile phones to a total of KRW 1,800,000, and selling them.
Summary of Evidence
1. Defendants’ respective legal statements
1. Copy of each protocol concerning the examination of suspects of the police against E or F;
1. Application of Acts and subordinate statutes, such as a copy of an application for admission to each mobile phone (9,13);
1. The Defendants of the relevant legal provisions and the choice of punishment for criminal facts: Article 97 Subparag. 7 and Article 30 of the Telecommunications Business Act (Optional to Penalty)
1. Defendants who aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act
1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act
1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act