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(영문) 대구지방법원 2018.09.13 2018고정735
전기통신사업법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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 December 20, 2017, the Defendant opened a pre-paid phone (B) at an irregular place in Daegu-gu (hereinafter referred to as the “Sgu-gu”) and delivered the conviction used in the relevant mobile phone to the person who was not the name of the deceased on December 22, 2017, and provided it for the use of another person’s communications.

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

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Investigation report (request for provision of communication data);

1. Investigation report (verification of similar cases);

1. Application of the statutes requesting provision of communications data;

1. Article 97 of the relevant Act and the main sentence of Article 30 of the Telecommunications Business Act concerning criminal facts as well as the selection of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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