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(영문) 대전지방법원 공주지원 2019.08.13 2019고정43
전기통신사업법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

No person 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, the Defendant, at the end of July 2018, contacted E, the bulletin board, “A person who needs money to contact.” The Defendant received a proposal from the bulletin board to “I will give KRW 20,000 won per 1 unit in the opening of a mobile phone,” and then sent to E, from August 3, 2018 to August 4, 2018, by preparing a Defendant’s resident registration certificate and a written consent for opening of a mobile phone from August 3, 2018 to August 4, 2018, and received KRW 160,000 as a result of the contact with the Defendant’s bank account (G).

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for communication purposes.

Summary of Evidence

1. Defendant's legal statement;

1. A criminal investigation report (attaching photographs submitted);

1. Application of the new Acts and subordinate statutes on data gathering;

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

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

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order is not much high in number, and profits acquired therefrom are also not significant, and the defendant is the initial offender, etc. shall be determined as per the order.

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