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(영문) 대구지방법원 서부지원 2021.02.16 2020고정104
전기통신사업법위반
Text

1. The defendant shall be punished by a fine of one million won;

2. If the defendant does not pay the above fine, 10,000 won.

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 communications of a third party.

On August 2019, the Defendant reported on the Internet the advertisement that the name was known to him/her, and would give KRW 20,000 won to a person who was unable to know his/her name.

Upon receipt of the proposal of “A”, a person whose name is unknown on August 13, 2019, sent the Defendant’s computer to the address designated by the person whose name is unknown, using the Defendant’s resident registration number, official certificate, etc., and using the Defendant’s resident registration number, official seal certificate, etc., and sent the changed name to the address designated by the person whose name is unknown.

Accordingly, the Defendant provided telecommunications services provided by telecommunications business operators for the purpose of telecommunications.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

2. Application of Acts and subordinate statutes to reply materials requested to provide communications data (Evidence 308, 359).

1. Subparagraph 7 of Article 97 and the main sentence of Article 30 of the relevant Act concerning criminal facts;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of an alternative fine;

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

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

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