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(영문) 서울서부지방법원 2020.06.18 2020고단525
전기통신사업법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

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 a third party's communications.

Nevertheless, on April 2018, the Defendant received a proposal and consented to the proposal, and sent identification cards, etc. to the above person who was named in his/her name. On the 6th day of the same month, the Defendant had the above person who was named in his/her name read in his/her name in his/her bank in his/her bank to open the Internet site advertisement, and had him/her open one of his/her name in his/her bank in his/her bank in his/her bank in his/her bank in his/her bank in his/her bank in his/her bank in his/her bank in his/her bank in his/her bank in his/her bank in his/her bank in his/her name.

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

Summary of Evidence

1. Defendant's legal statement;

1. Part of the prosecution and protocol concerning the examination of suspects of the accused;

1. A protocol concerning the police investigation of suspect with respect to F (Duplicate);

1. Letters and details of the telegram, requests made for inquiry by policyholders and replies;

1. Application of Acts and subordinate statutes to report internal investigation;

1. Article 97 of the relevant Act on Criminal Facts and Articles 97 and 30 of the Telecommunications Business Act on the Selection of Punishment)

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

1. Article 334(1) of the Criminal Procedure Act provides telecommunications services for the sentencing of another person for communications purposes requires strict punishment as it might be used as a means of other crimes. On the other hand, the defendant shows an attitude against himself/herself while making a confession of a crime and has no record of punishment beyond a fine. On the other hand, the defendant's age, character and conduct, environment, health conditions, details of the crime and circumstances after the crime are considered. In addition, the punishment is determined as ordered in light of all the sentencing conditions, including the defendant's age

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