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(영문) 인천지방법원 2017.06.30 2017고정1100
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 communications of a third party.

Nevertheless, on October 14, 2016, the Defendant reported an advertising article on “filphone purchase” on the Internet “Emp” and provided that “25,000 won per one core chip” from a person who has a defect in contact.

“Along with the end of “Swikset’s statement,” and opened five prepaid mobile phone heart chips (D, E, etc.) in the name of the Defendant to open the pre-paid mobile phone radio stations located in Gwangjin-gu Seoul Special Metropolitan City for the purpose of selling the pre-paid mobile phone heart chips to the needy, selling the pre-paid mobile phone heart chips to the needy, and punishing living expenses, and received KRW 175,000 in cash, including five pre-paid mobile phone heart chips from the G hotel located in the same Gu F, to the Kwikset’s service articles who sent the unclaimed winners of the above name before the G hotel located in the same Gu F.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for the purpose of telecommunications.

Summary of Evidence

1. The written statement of the defendant;

1. Statement made by the police with H;

1. A copy and a written statement of the I;

1. Application of the Acts and subordinate statutes on response to respective communications data by KCT and Switzerland;

1. Article 97 subparagraph 7 of the same Act and Article 30 of the same Act concerning criminal facts;

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

1. Selection of an alternative fine for punishment;

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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