logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2021.03.24 2020고정260
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 March 4, 2020, the Defendant prepared three copies of each mobile phone subscription application form B, C, and sent the photographic photo to the person under whose name the Defendant had taken it using the Kakao Kakao Stockholm, with the photographic picture taken by the Defendant’s identification card to the effect that he/she would help him/her buy the phone through the Kakao Stockholm, at a place where it is unknown.

Accordingly, on March 4, 2020, the Defendant: (a) had his name influencies open the prepaid system in the name of the Defendant in D (C) that is the phone company from March 1, 202 to around January 4, 202; (b) around March 11, 2020; and (c) around March 16, 2020, provided telecommunications services provided by telecommunications business operators for the purpose of telecommunications by others.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to documents to be submitted, such as a response to request for provision of communications data, report on internal investigation (the telephone number opened in the name of the suspected person A), subscriber's certificate, etc.;

1. Article 97 subparagraph 7 of the Telecommunications Business Act and Article 30 of the same Act concerning criminal facts;

1. Selection of a fine for selective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant’s crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act can be abused for other crimes, such as Bosing, etc.

The fact that the defendant recognizes his mistake, there is no record of punishment for the same kind of crime, and the gains acquired by the crime of this case are relatively minor, and others.

arrow