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(영문) 수원지방법원 안산지원 2017.12.13 2017고정963
전기통신사업법위반
Text

Defendant shall be punished by a fine of one 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 communications of a third party.

On February 1, 2017, the Defendant: (a) granted the offer that “The Defendant would pay KRW 20,000 won per page 1,000 from the sales business entity of the Internet Internet NVVber “C”, using the personal identification card of the Defendant; (b) around February 7, 2017, the Defendant sent the personal identification card of the Defendant and a written pledge of subscription to the mobile phone (D, KT mobile) under the name of the Defendant, thereby allowing the sales business entity of the mobile phone to use the mobile phone via the Defendant’s cell phone heart (D, KT mobile).

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for the purpose of telecommunications.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning examination of suspect E by a sponsoring distributor;

1. Application of Acts and subordinate statutes to documents providing communications data concerning the telephone numbers and personal information possessed at the time of arrest of the E;

1. Article 97 of the relevant Act and Article 97 subparagraph 7 of the Telecommunications Business Act and the main sentence of Article 30 concerning criminal facts, and the selection of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) shall be determined by taking into consideration favorable circumstances, such as the confession and reflection of the defendant, the primary offender, etc.

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