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(영문) 청주지방법원 2017.10.31 2017고정199
전기통신사업법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[2017 High 199] No person mediating another person’s communications or providing it for another person’s communications by using telecommunications services provided by a off-line telecommunications service provider. On July 16, 2015, the Defendant issued the core chips of mobile phones (B) opened in the name of the Defendant to the Seoul Metropolitan Government, and provided it for another person’s communications purpose.

[2017 High 276] No person may transfer or take over access media in using or managing access media. However, the Defendant transferred passbooks, check cards, etc. related to the Defendant’s name to the account of the Saemaul Treasury in the name of the Defendant at the beginning of June 2015.

[2017 high 277] No person may transfer or take over any access medium in using or managing the access medium, but the Defendant:

1. On July 7, 2015, the head of a Tong, physical card, etc. related to the Defendant’s name Saemaul Depository’s account (D) shall be transferred to a person in an irregular name, at the beginning and after the beginning of the year;

2. On August 2015, in the vicinity of a bus terminal located in Dongcheon-dong, Seo-gu, Seo-gu, Gwangju Metropolitan City, the head of Tong and e-mail card connected to the Defendant’s name bank account (E) and enterprise bank account (F) were transferred to the party in whose name the account was omitted.

Summary of Evidence

[2017 High Court Decision 199]

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. A H statement;

1. Each investigation report (referring to the statement by a witness G phone, the document attached to e-mail, and the writing of the statement) (2017 high-level 276);

1. Written statements of I, J, K, L, and M [2017 J 277];

1. Each police statement made to N orO;

1. Application of Acts and subordinate statutes on internal investigation reports (No. 45 pages of investigation records, No. 63907 of punishment No. 63907 of the Daegu District Prosecutors' Office);

1. Article 97 Subparag. 7 and Article 30 of the relevant Act concerning criminal facts (the provision to another person for telecommunications services), Article 49 Subparag. 4 Subparag. 1 and Article 6(3)1 (the transfer of each access medium) of the relevant Act concerning criminal facts, and each fine shall be imposed.

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