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(영문) 울산지방법원 2016.08.26 2016고정755
전기통신사업법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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.

Defendant, B, and C, along with D (the indictment of detention at the Seoul Central District Court on February 17, 2015), opened a prepaid mobile phone in their own name, and E (the indictment of detention at the Seoul Central District Court on February 17, 2015) conspired to sell the chip of mobile phone chip (USIM) opened by the Defendants and D and take profits therefrom.

According to the above public offering, from November 25, 2014 to December 16, 2014, Defendant B, C, and D obtained a mobile phone number from the office of “G” located in the third floor of the F building in Ulsan-gu, Ulsan-gu, Seoul-do, in total of 192 U.S.IM, as shown in the list of crimes, and delivered it to E. And E sold 192 U.S. chips around that time through the Internet.

Accordingly, in collusion with D, B, and C, Defendant provided telecommunications services provided by telecommunications business operators to others over 192 times.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect against B, C, or D;

1. Each police statement made with respect to H, I, B, and C;

1. Reports on internal investigation and reports on the results thereof, and the application of each statute of the judgment; and

1. Article 97 Subparag. 7 of the relevant Act and Article 30 of the Telecommunications Business Act, Article 30 of the Criminal Act, the selection of fines and fines 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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