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(영문) 대구지방법원 포항지원 2018.07.05 2018고단328 (1)
공전자기록등불실기재등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

A person may not provide telecommunications services provided by a telecommunications business operator for another person’s communications. On March 29, 2017, the Defendant provided P with one of the phone numbers AP’s mobile phone numbers in the name of the Defendant at the “AO” located in P-dong AM on the same day and operated by P-dong AM on the same day after receiving a request from P to provide P with one of the 7 mobile phone numbers in the name of the Defendant. On July 26, 2017, the Defendant continued to provide P with one of the phone numbers AP numbers in the name of the Defendant in the “AO” upon receipt of a request from P to request for additional opening of a mobile phone from P around July 26, 2017.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution on P;

1. Application of Acts and subordinate statutes to investigation reports (Submission of an application for subscription to suspect AG mobile phones and change of facts);

1. Article 97 of the relevant Act and the main sentence of Article 30 of the Telecommunications Business Act concerning criminal facts as well as the selection of punishment;

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

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

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

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