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(영문) 서울남부지방법원 2020.06.10 2020고정35
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 a third party's communications.

Nevertheless, the Defendant posted a notice to the effect that “to give and purchase a prior conviction in cash” on the Internet website at a place where it is not known on February 2019, the Defendant received KRW 15,000 per each time from the needy person, and sent the contract for the opening of the heart, the Defendant’s resident registration certificate’s photograph, etc. to the needy person via Kakaooox, thereby allowing the latter to open and use the cell phone number B in the name of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (to attach photographs of consideration received after opening a suspect A mobile phone) and accompanying photographs;

1. Application of the statutes on the request for communications data;

1. Article 97 of the relevant Act on Criminal Facts and Articles 97 and 30 of the Telecommunications Business Act on the Selection of Punishment, and Selection of Fines;

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

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

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