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(영문) 수원지방법원 안산지원 2019.06.27 2019고단1585
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

[criminal power] On February 19, 2019, the Defendant was sentenced to six months of imprisonment with prison labor for the violation of the Electronic Financial Transactions Act at the Ansan District Court’s Ansan Branch on February 27, 2019.

【Criminal Facts】

No person may provide telecommunications services provided by a telecommunications business operator for any third person's communications.

On August 29, 2018, the Defendant: (a) reported the Internet advertisement, called “the purchase of mobile phone chips” to receive KRW 20,000 won per line in the name of the Defendant, and promised to receive KRW 20,000 per line by opening and transmitting the cell conviction in the name of the Defendant; (b) stated that “I will open the mobile phone chip” under the opening of the mobile phone chip; (c) recorded the identification card necessary for the opening of the mobile phone chip; (d) recorded it in a paper A4 form; and recorded it in a photograph and transmitted it to the needy; and (d) made use of it by the French.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police with respect to C and D;

1. Investigation report (verification of applications for joining this case);

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (determination of a suspect's separate judgment);

1. Relevant Article of facts constituting an offense, and subparagraph 7 of Article 97 of the Telecommunications Business Act and the main sentence of Article 30 of the same Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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