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(영문) 의정부지방법원 2020.11.12 2020고정1338
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 person may provide telecommunications services provided by a telecommunications business operator under the Telecommunications Business Act for any third person's communications.

Nevertheless, the Defendant, at the end of October 2019, would pay KRW 40,000 to the Defendant for the opening of the “portable phone in the PPP.” The Defendant: (a) reported and contacted the advertisements posted by the winners of the names; (b) sent the resident registration certificates necessary for the opening of the mobile phone and the mobile phone opening consent to the mobile phone opening using the Kakaox; and (c) let the winners of the names use one pre-paid mobile phone (C) in the name of the Defendant on October 26, 2019.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes requesting the provision of communication data to D police statements;

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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