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(영문) 수원지방법원 2020.05.13 2019고정1652
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.

Around May 2017, the Defendant: (a) received a proposal from a person under whose name the prepaidphone purchaser, who became aware of through the Internet portal site B search, to pay KRW 20,000 won per unit if he/she lends his/her name to open a mobile phone; (b) on May 2017, the Defendant provided personal information to a person in charge of non-merchants of his/her name at a non-merchants of the telecommunications agency located in an irregular place in Dongdaemun-gu Seoul Metropolitan Government (hereinafter referred to as Dongdaemun-gu, for the purpose of opening a mobile phone, such as the Defendant’s resident registration certificate, application for joining a mobile phone; (c) one mobile phone (D); (e) two mobile phone units (F mobile phone; (I;J); (g) one mobile phone unit (N; and two mobile phones; and (n) one of the aforementioned mobile phones under the name of the Defendant; and (d) received KRW 160,00 in return.

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

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Application of investigation reports (related to confirmation of cellular phones in the name of a suspect)-related Acts and subordinate statutes;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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