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(영문) 광주지방법원 2017.08.10 2017고단224 (1)
전기통신사업법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

[criminal history] Defendant A was sentenced to two years of imprisonment for a violation of the Electronic Financial Transactions Act at the Gwangju District Court on December 24, 2014, and the said judgment became final and conclusive on January 22, 2015.

[Criminal facts]

1. On January 23, 2013, the Defendant: (a) sent a file of a new contract in the name of another person’s private electronic records related to rights and obligations to the applicant’s private electronic records to the above opening site via the Internet that he/she knows the personal information of B at the above opening site; and (b) sent a new file in the name of another person’s private electronic records to the above opening site by entering the name of “B”, “C”, “B”, “B” in the resident registration number column, and “B” into the applicant’s customer column in the form of the application; and (c) drafted one file of the new contract in the name of another person’s private electronic records related to the rights and obligations; (d) subsequently, on the same day, the Defendant sent one file of the above electronic records to the above opening site; (c) exercised the original electronic records in the name of another person’s private electronic records; and (d) made the new file in the name of another person’s private electronic records; and (c) subsequently, sent the above one electronic records to the above website.

2. On January 23, 2013, the Defendant: (a) conspired with E to transmit two new contract files in the name of B, as if he/she obtained permission from the person holding the mobile phone name as above, and (b) received two copies of the new contract files in the name of B from the victim SK links to the victim, thereby acquiring pecuniary benefits equivalent to the above amount by not paying the mobile phone fees of KRW 5,747,970, even if he/she used two (F and G) from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police against B;

1. B KR Linking

1. Previous convictions in judgment: Inquiry into criminal history and application of each statute of judgment;

1. The corresponding criminal provisions of the Criminal Act concerning the facts of crime; and

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