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(영문) 대구지방법원 2020.12.03 2020고정1090
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 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, at around May 30, 2019, the Defendant, in collusion with B, received a proposal from C to the effect that “the Defendant would be entitled to KRW 800,000,000 per unit if he/she moves in a foreign country with a number of 070 prior to obtaining a loan, and would be entitled to receive money.” On the same day, the Defendant accepted the proposal that “the Defendant would be entitled to receive money for the work,” and had the Defendant use the name by opening two lines (E, F) of the post-refluence in the nearby cell site in Jung-gu, Daegu-gu, Seoul Special Metropolitan City (D) for the use of the name by going through the 58 Internet telephone and the post-refluence line in the name of the Defendant from June 21, 2019, as described in the attached list of crimes.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators in collusion with B for the purpose of telecommunications.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness B's investigation report (in the name of the party A and G corporation, details of subscription to the Internet telephone in the name of the party A and G), investigation report (in the name of the suspect, confirmation of details of subscription to the Internet telephone in the name of the suspect), exclusion from the part of the accused's statement, report on investigation (in the name of the suspect A attachment

1. Relevant legal provisions concerning facts constituting an offense, and Articles 97 subparagraph 7 and 30 of the Telecommunications Business Act that choose a sentence, and Article 30 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act, the Defendant alleged that he/she would engage in the business of selling clothes, etc. to B and the same business, and that he/she did not intend to provide it for another person’s communications. However, the Defendant alleged that he/she did not provide it for another person’s communications.

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