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(영문) 서울서부지방법원 2020.12.21 2020고정1025
전기통신사업법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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 a third party's communications.

On January 2, 2020, the Defendant: (a) received a proposal and consented to the purchase of the pre-paid chip in KRW 20,000,000 per unit from the name in which the Defendant reported and contacted the NAN advertisement; and (b) sent the Defendant’s name, resident registration number, etc., a photograph of the identification card and the opening pledge to the pre-paid person; and (c) had the above-paid person open one pre-paid chip (B, C) under the name of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning investigation report ( telephone conversations A), investigation report (Attachment to Details of A E), request for communication confirmation data provision (B), investigation report (whether or not a suspect has written an application form for opening a suspect A), and details of accession B;

1. Article 97 subparagraph 7 of the relevant Act and Article 30 of the Telecommunications Business Act and the selection of fines for criminal facts;

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 of the provisional payment order;

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