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(영문) 서울남부지방법원 2019.05.09 2019고정388
전기통신사업법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

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 March 2018, the Defendant opened five prepaid mobile phone units (B, C, D, E, and F) in the name of the Defendant by sending a copy of the resident registration certificate and a letter by facsimile to an unclaimed communications agency located in Mapo-gu Seoul Metropolitan Government, in accordance with the direction of the unclaimed person, which came to know that he/she purchased a conviction by accessing the Internet, and received KRW 100,000 from an enterprise bank (G) in the name of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes on investigation reports, submission of suspect data, open numbers, and details of financial transactions;

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

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

1. Selection of an alternative fine for punishment;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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