logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.07.19 2017고단3486
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 communications of a third party.

Nevertheless, on September 5, 2016, at the Defendant’s residence located in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, 602 Dong 1001, the Defendant would offer money from the nameless person who became aware of in the process of searching Internet small-amount loans to “on the face of a core chip by opening a chip via a bitl.”

“After receiving the proposal to the effect that “, after consenting, the Defendant’s pre-paid chips (D) were opened in the name of the Defendant, and thereafter, the Defendant’s pre-paid chips were received by the person in whose name the pre-paid chips, and the Defendant’s pre-paid chips were opened between around that time and October 28, 2016, and had the person in whose name the pre-paid chips were used.

Accordingly, the defendant provided telecommunications services that are opened to the name of the defendant for another person's communications.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (verification of prepaid phones subscribed to a suspect's name);

1. Application of the Stockholm Acts and subordinate statutes;

1. Article 97 Subparag. 7 and Article 30 of the Telecommunications Business Act and the selection of fines for criminal facts as well as the selection of punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

It is an initial crime with no previous record of punishment.

D. Unfavorable circumstances: The crime of this case is referred to as 's Mag-phone' or 'Mag-phone' used for other crimes, such as Bosing, etc.

arrow