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(영문) 서울북부지방법원 2019.09.26 2019고정934
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

[criminal power] On December 13, 2018, the Defendant was sentenced to imprisonment with prison labor for not less than four months and the said judgment became final and conclusive on the 21st of the same month on the 21st of the same month, for a violation of the Electronic Financial Transactions Act by the Seoul Eastern District Court 2018 High Court

【Criminal Facts】

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 would receive a loan from the deceased in the first and second order from the deceased in order to open the Internet phone and consented to the opening of the Internet phone, and around that time, the Defendant subscribed to 27 telephone lines, such as the phone number “C”, and received the phone number, and then used the above 27 telephone number to the Kwikset service engineer who sent the deceased in front of the E Hospital’s sentiments located in Gyeonggi-do, Namyang-si, the 15:00 on the 20th day of the same month.

Accordingly, the Defendant provided telecommunications services provided by telecommunications business operators for the communications of the needy.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Requests for provision of communications data, replies to communications data, criminal investigation reports-Submission of suspect A evidential data, criminal investigation reports (recognating and verifying the possibility of use of the Internet telephone 24), mobile phone photographs and written statements of transactions;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes (a final judgment against a suspect);

1. Article 97 of the relevant Act concerning criminal facts, Article 97 of the Telecommunications Business Act for the selection of punishment, and the selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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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