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(영문) 수원지방법원 2019.09.06 2019고단2625
전기통신사업법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 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 a third party's communications.

Nevertheless, on July 2018, the Defendant: (a) contacted a person who was missing in the name of a police officer in the middle of the War to the effect that “the Defendant would open a business operator and open an Internet phone at a 3-5% low interest rate of KRW 50 million to KRW 100 million based on the use of the Internet phone,” and (b) registered the business in the name of “C” in the G, F, G, H, I, J, J, K, L, M, M, N Internet phone in the name of “C” on the 23th day of the same month; and (c) transferred 10 copies of the E, F, H, H, K, L, M, and N Internet phone in the name of “C” on the 27th day of the same month, and transferred 10 copies of O and P Internet phone in an additional manner as above, and transferred them to the above person under the name of the deceased.

In this respect, the defendant provided telecommunications services provided by telecommunications business operators for the use of others.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police to Q Q;

1. Answers to communications data and replies to communications data;

1. Investigation report (related to verification of the provision of a person via the A Internet telephone for reference);

1. Application of a certificate for termination of D service (C-name telephone), certificate for subscription to D service (C-name telephone), and copy of C-business registration certificate;

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

1. Articles 40 and 50 of the Criminal Code of Commercial Concurrent Crimes (trade between the violations of the Telecommunications Business Act committed on July 27, 2018 and each of the violations of the Telecommunications Business Act committed on July 31, 2018);

1. Selection of each alternative fine for punishment (self-confluence, reflectivity, and initial offender);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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