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(영문) 인천지방법원 2020.09.16 2020고정1045
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, on September 2019, the Defendant: (a) received a proposal from a person without his/her name, “to lend KRW 15 million to a person who opened the Internet phone; (b) opened five Internet telephone calls (E, F, G, H, and I) in the name of the Defendant through the Internet Customer Center in the name of the Defendant; and (c) issued five Internet telephone calls via the above-mentioned Internet phone to the delivery service provider who sent the above-mentioned names.

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

Summary of Evidence

1. Statement to the police of the defendant before the court's statement;

1. Application of Acts and subordinate statutes to the documents submitted (such as filing application documents) by the suspect requesting for provision of communications data;

1. Article 97 subparagraph 7 of the Telecommunications Business Act and Article 30 of the relevant Act on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (trades in violation of each Telecommunications Business Act concerning the Internet telephone provided);

1. Selection of an alternative fine for punishment;

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

1. The responsibility of the defendant is heavy in that part of multiple Internet calls provided by the defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act for the purpose of obtaining a loan to another person is used for telephone financial fraud crime and causes damage.

However, considering the fact that the defendant does not seem to have actually earned profit from the crime of this case, the punishment as ordered shall be determined in full view of various sentencing conditions in this case, including the defendant's age, character and conduct, economic situation, family relationship, motive and attitude of the crime, and circumstances after the crime.

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