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(영문) 수원지방법원 안양지원 2018.08.07 2018고단369
전기통신사업법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall provide telecommunications services provided by a telecommunications business operator for any third person's communications.

Nevertheless, the defendant, on November 2016, borrowed money from a person who assumes a false name that assumes a bond business operator in return for the opening of an Internet telephone.

“A proposal was received and the facts charged in the indictment was presented to the person in whose name the indictment was made to lend KRW 100,000 per Internet telephone.”

However, although the defendant initially borrowed KRW 1.5 million, the defendant seems to have opened four Internet telephone numbers, and the defendant is unable to pay money or borrowed additional money, and it seems that he opened the Internet telephone more.

The above KRW 100,000 is merely a correction by dividing the defendant's total amount of money borrowed by approximately KRW 2.5 million by 25 telephone numbers via the Internet.

This was accepted.

On November 17, 2016, the Defendant opened the Internet phone of the “B” number in the name of the Defendant in the name of the telecommunications business operator, by using mobile communications at the office of a person without a name, in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City (hereinafter referred to as the “B”) around November 17, 2016.

In addition, from around that time to January 18, 2017, the Defendant opened a total of 25 Internet telephone numbers by means of mobile communications or preparation of an application form for subscription, such as the list of offenses, and provided telecommunications service by a telecommunications business operator for the purpose of telecommunications by putting the phone number connected to the above number to a name-oriented person.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the prosecution and the police interrogation of the accused;

1. Statement made by the police against C;

1. Inquiry into communications data;

1. An application for membership;

1. Application of Acts and subordinate statutes concerning requests for provision of communications data;

1. Article 97 subparagraph 7 of the same Act and Article 30 of the same Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes

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