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(영문) 부산지방법원 2017.11.02 2017고정1809
전기통신사업법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

No person shall solicit, arrange, mediate, or advertise contracts for the provision of telecommunications services necessary for the use of a mobile communications terminal device on condition that he/she provides or lends funds.

On July 14, 2016, the Defendant heard that “If he obtains the identification card from the nominal owner so that he may open a mobile phone, 100,000 won shall be given to the nominal owner, and 30,000 won shall be given to each of the above C et al.,” and around July 21, 2016, the Defendant sent his identification card to two persons, including C et al., “I want to give 10,000 won if he/she lends his/her name so that he/she may open a mobile phone,” and then, sent it to B immediately, by transmitting his/her identification card to his/her mobile phone, and immediately sent it to B, and then arranged for the use of the mobile phone, etc., by receiving a total of 480,00 won in return for opening a mobile phone each of the above 8 persons, the nominal owner, and providing C et al. with funds each of the above 100,000 won and each of the above 2 persons.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of Acts and subordinate statutes to a criminal investigation report (the confirmation of a request for provision of communications data, and of investigation records 43 pages);

1. Article 95-2 subparagraph 3 of the relevant Act and Articles 32-4 and 32-4 (1) 2 (excluding punishment) of the Telecommunications Business Act concerning criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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