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(영문) 대구지방법원 서부지원 2019.01.10 2018고정553
전기통신사업법위반
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

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, the Defendant:

1. Around November 30, 2016, at the Seo-gu mobile phone agency located in Seo-gu, Seo-gu, Daegu, a compensation for State bonds, one hundred thousand won is delivered from the fact that: (a) one of the cell phoness capable of telephone conversations was opened in his/her own name and transferred to the above party, which became known through contact contact points in the advertisement; or (b) one of the cell phoness capable of telephone conversations was opened in his/her own name;

2. On December 30, 2016, at the same place as above, one mobile phone (C) in which a call is available on the basis of a core chip in the same manner as in the same manner as above, and transferred to an unqualified person under the above paragraph (1), and then received KRW 100,000 from that person;

3. On January 11, 2017, at the same place as above, one mobile phone (D) in which a call is available on the same method as in the same manner as in the foregoing paragraph (1) was opened in its own name and transferred to an unqualified person under the above paragraph (1), and was delivered KRW 100,000 from that date.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for another's communications.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. A complaint;

1. A criminal suspect's resident registration;

1. An investigation report (A telephone call of a suspect), an investigation report (verification of a petition for bankruptcy filed by a suspect of the Korea Legal Aid Corporation), an investigation report (a file for transmission of an accused e-mail and a voice file in a suspect's telephone);

1. Requests for cooperation in investigation and replys to investigation reports (one-party telephone call with a resident in the delivery address);

1. Investigation Report (Attachment of Suspect F Account Statement), - Request for Establishment - Suspect AF Account Transactions;

1. Requests for provision of communication data;

1. Application of Acts and subordinate statutes to report on investigation (report on the submission of details of passbook transactions);

1. Relevant provisions concerning facts constituting an offense;

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