logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2020.09.17 2020고단1967
전기통신사업법위반
Text

Defendant shall be punished by a fine of three 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 a third party's communications.

Nevertheless, on December 9, 2019, the Defendant received a proposal and consented to the purchase of BKa P chip in the name in which the Defendant reported and contacted the B car P chip to purchase the B car P chip, and then sent a photograph of the driver’s license stating the Defendant’s name, resident registration number, etc. to the person in the name of the Defendant and sent the photograph to the person in the name of the Defendant through the Kakao Kao Kao Kao Kao Kaoo Kao chip, and received the phone from the person in the name of the Defendant, the Defendant made the person in the name of the Defendant to open 8 (C, D, E, F, G, H, I, and J) of the prepaid chip under the name of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. Details of the transfer of money by the petition;

1. Request for provision of communications data and replies, details of financial transactions, reply data including details of financial transactions, and details of subscription;

1. Application of Acts and subordinate statutes of each investigation report (No. 4,7,10,15)

1. Article 97 subparagraph 7 of the Telecommunications Business Act and the main sentence of 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. 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. On the other hand, the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order lies on the fact that the damage was actually caused to the crimes of Bosing using the core chips provided by the defendant, the fact that the defendant has no record of committing an offense, and that the confession shows an attitude against the mistake. In addition, the age, character, family relationship, economic condition of the defendant, and the defendant's age

arrow