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(영문) 대구지방법원 김천지원 2020.01.16 2019고정286
전기통신사업법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 a third party's communications.

Nevertheless, on November 2018, the Defendant opened each of the pre-paid trials on December 28, 2018, and provided telecommunications services provided by the telecommunications business operator for the use of another’s communications, respectively, by communicating with the pre-paid party, to the effect that “the Defendant will pay KRW 20,000 won per case of opening the pre-paid phone,” via the Internet B, and by sending a written contract necessary for opening the pre-paid wire system as ordered by the above-paid party, and by sending it by facsimile on November 28, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol against J;

1. The police statement of K;

1. Application of Acts and subordinate statutes to investigation reports (Confirmation of the title holder and transaction details of the L association M account), investigation reports (verification of theC number subscriber), investigation reports (request-A for provision of communication data), investigation reports (verification of the subscription details of regular communications companies under the A), investigation reports (verification of the subscription details), and investigation reports (A telephone communications);

1. Article 97 subparagraph 7 of the relevant Act and Articles 97 and 30 of the Telecommunications Business Act concerning criminal facts and the selection of fines;

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

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