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(영문) 인천지방법원 2019.08.27 2019고단5034
전기통신사업법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No person 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 January 25, 2019, the Defendant purchased a core chip at B at 20,000 won per advertisement, and contacted the needy with C, and delivered the opening of the core chip, written consent, written consent, and identification cards under the name of the Defendant, and used them by opening the mobile phone number E in the name of the Defendant.

Accordingly, the defendant mediated another person's communication through telecommunications services provided by telecommunications business operators and provided it for another person's communication.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police to the F;

1. Application of Acts and subordinate statutes to a report on investigation (to telephone number on the nominal owner);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is not good, but the defendant recognizes and reflects the crime.

On March 11, 2019, the Defendant provided 7 lines of wire telephone from July 2018 to the party in whose name the Defendant was not the party in whose name the telephone was made.

"A summary order of KRW 5 million was issued for the crime of this case, and the above summary order became final and conclusive around that time. The crime of this case is a crime prior to the issuance of the above summary order, and one cell phone number provided is also one.

Comprehensively taking into account such circumstances as well as the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, the sentence shall be determined as ordered.

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