2012 fixed-term 3168 Violation of Telecommunications Business Act

Red○○ (88**** -1)

Notarial decoration (prosecutions) and Kim Jong-mar (Public Trial)

January 23, 2013

The defendant shall announce the summary of the decision of innocence.

1. Facts charged;

On September 20, 201, the Defendant: (a) received a proposal from a name-free person to offer KRW 100,000,000 per unit when opening and sending a mobile phone from a name-free person; (b) notified the name-free person of his/her resident registration number, Samsung Card number, etc. necessary for the telephone opening; and (c) had the name-free person open a 010-2 *** 9-9 *1 mobile phone to deliver it to the Defendant; and (d) the Defendant received it and transferred it to another person his/her name-free person through Kwikset Services, thereby providing telecommunications services provided by a telecommunications business operator for the use of another’s communications.

2. Determination

The fact that the defendant transferred the mobile phone which the defendant opened to the name of the defendant is recognized.

However, the legislative purpose of Article 30 of the Telecommunications Business Act is to prohibit the operation, etc. of private telephone stations, and it did not specify the restriction on the name lending of the operator of the radio communication service or the prohibition on the transfer of the mobile phone, and ② cannot be viewed as the telecommunications service provided by the telecommunications business operator itself as the telecommunications service provided by the telecommunications business operator, so it cannot be interpreted as the "telecommunications service provided by the telecommunications business operator for another's telecommunications service," and ③ The amendment bill of the Telecommunications Business Act for the restriction of the so-called "largephone" has not been passed at the 18th National Assembly, it can be determined that the defendant's act does not constitute the crime of Article 97 subparagraph 7 and Article 30 of the Te

3. Conclusion

Thus, since the defendant's case constitutes a case that does not constitute a crime, it is judged not guilty under the former part of Article 325 of the Criminal Procedure Act, and it is decided as per Disposition by publicly announcing the summary of the decision in accordance with Article 58 of the Criminal

Judges Owon-ho