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(영문) 대구지방법원 김천지원 2020.06.17 2020고정152
전기통신사업법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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, on September 8, 2019, the Defendant accepted a proposal that “to open a mobile phone and pay the face value of the mobile phone by opening the mobile phone,” and that “to pay the face value of the mobile phone and the core chip to the mobile phone by opening the mobile phone at the agency.” On October 8, 2019, the Defendant opened a mobile phone (B and C radio operator) under the name of the Defendant at the mobile phone agency located in an irregular place and located in the same time and below the same time, and then sent it to the person who is not the victim of the name.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written petition of D;

1. Application of Acts and subordinate statutes on reply to communications data;

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;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment appears to have recognized and reflected a criminal offense, there is no record of criminal punishment, and there is no economic situation at class 3 of disability, and the defendant's age, character and conduct, environment, etc. are considered.

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