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(영문) 대구지방법원 김천지원 2019.06.20 2019고정59
전기통신사업법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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.

Nevertheless, around January 19, 2018, the Defendant: (a) sent his/her identification card to an unqualified person on condition that he/she will receive 20,000 won per prepaid phone; (b) opened three prepaidphones (D), E, F, and H (H) in the name of the Defendant; and (c) the prosecutor first brought an indictment on the charge that “the Defendant sent his/her identification card to an unqualified person at the same place from January 19, 2018 to January 24, 2018; and (d) provided the unqualified person with five prepaidphones in the name of the Defendant; and (e) provided that he/she would use it for communication in the name of the Defendant.” (c) on May 13, 2019, the Defendant filed an application for changes in the indictment as stated in the above criminal facts.

According to the evidence examined by the court, it can be acknowledged that the defendant provided each telecommunications service prior to the amendment of an indictment on January 19, 2018 with a copy of his/her identification card provided once to the person who was not aware of his/her name and each of the telecommunications services prior to the amendment of an indictment on the basis of the intention of the opening and opening, which is in the relation of an excessive crime

The telecommunications service provided by telecommunications business operator was provided for the use of telecommunications for the use of telecommunications.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Requests for provision of communications data, submission of communications data, reply data, and application of Acts and subordinate statutes to investigation reports (additional confirmation on details of subscription to communications);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for 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 of the provisional payment order;

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