Text
Defendant shall be punished by a fine of KRW 2,000,000.
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, on January 24, 2019, the Defendant received a proposal that “the Defendant will provide a loan. To verify himself/herself, the Defendant sent the pre-paid milk to him/her.” On the same day, he/she provided the pre-paid oil (B) purchased in the name of the Defendant from the Busan Seo-gu trifebba bus terminal to another person for telecommunication by delivering it to the pre-paid person.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Request for the provision of communication data (section 2: 11 of investigation record), request for the provision of communication data (section 2 of investigation record No. 31 of investigation record), request for cooperation in investigation (verification of personal information related to business operators);
1. Application of Acts and subordinate statutes to replys to requests for investigation cooperation;
1. Relevant Article of facts constituting an offense, and subparagraph 7 of Article 97 of the Telecommunications Business Act and the main sentence of Article 30 of the same Act;
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;