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(영문) 수원지방법원 2018.06.21 2018고정929
전기통신사업법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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 communications of a third party.

Around September 2017, the Defendant received a proposal from a person who was aware of his name at the Internet around the end of Seoul (hereinafter referred to as “the Defendant would make payment of KRW 30,000 won per week on the opening of the mobile core chip”) from him, and provided ten pre-paid mobile phones (ju), (ju), F, G H, I, J, K, and (ju) chip to receive KRW 300,00 in return for the opening of the mobile chip to the Defendant’s name, and provided ten pre-paid mobile phones to his name for communications.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (final confirmation of the fact that the prepaid cell phone is opened in the name of the suspect);

1. Application of the Acts and subordinate statutes on response to materials;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of the Provisional Payment Order, when considering all the factors such as the Defendant’s age, sex, environment, and circumstances leading up to the crime.

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