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(영문) 서울남부지방법원 2020.04.23 2020고정85
전기통신사업법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On February 12, 2020, the Defendant was sentenced to one year and four months of imprisonment for obstruction of performance of official duties or for assault at the Seoul Southern District Court on February 12, 202, and the said judgment became final and conclusive on the 20th of

No person may intermediate communications using telecommunications services provided by a telecommunications business operator or provide such services for communications of any third person.

Nevertheless, on November 2018, the Defendant reported the advertisement that he would pay KRW 20,000 won per opening of the pre-paid case posted on Pinsbook, and received money after opening of the Defendant’s mobile phone. On November 2018, 2018, the Defendant taken the Defendant’s identification card necessary for opening of the mobile phone and the images of the opening of the mobile phone, and sent it to the needy party for use via the cell phone (B) in the name of the Defendant and received the money from the Nonindicted Party to the account 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. Protocol concerning suspect interrogation of C;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes to each investigation report (suspect CKakao Stockholm dialogue content, B related thereto, and A protocol of statement);

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, and Selection of Fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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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