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(영문) 인천지방법원 2020.06.12 2020고정313
전기통신사업법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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, around April 1, 2019, the Defendant heard that “the Defendant is entitled to receive 300,000 won for opening telephone numbers from the host Party B,” and offered a proposal stating that “if the Defendant sent identification cards and contracts necessary for the opening of the core chips, 30,000 won will be paid in return.”

After consenting to this, the Defendant took a personal identification card of the Defendant in accordance with the instructions of the person without a name and made a contract and sent it to the Kakao Stockholm, and had him take two core chips (D and E) under the name of the Defendant and use it.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for another's communications.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to communications response materials;

1. Article 97 of the relevant Act on Criminal Facts and Article 97 subparagraph 7 of the Telecommunications Business Act and the main sentence of Article 30 of the same Act and selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is likely to be used as a means of another crime in the event of providing telecommunications services for another person’s communication, and the victim occurred from the core chip actually provided by the

On the other hand, the defendant seems to be against the defendant while recognizing the crime of this case, and there is no record of criminal punishment against the defendant.

In addition, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc. of this case and the sentencing conditions specified in the records shall be determined as ordered by considering all the circumstances.

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