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(영문) 수원지방법원 2019.11.29 2019고단5570
전기통신사업법위반
Text

A defendant shall be punished by imprisonment for six months.

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.

From August 2018, the Defendant listened to the speech that “the name of the party in question shall be paid KRW 20,00 to the person holding the name of the party in question, and KRW 10,000 to the introduction,” and posted an advertisement at any Internet site, such as K B B, L B, B, and C, to introduce the title holder to the person holding the name in question. From around December 2018, the Defendant intended to sell the title holder directly from the above publicity to the person holding the name in question. On February 6, 2019, the Defendant opened a business of “CA”, a mobile phone agent, and proposed that “the Plaintiff sold the name in question through a mobile phone,” and the Defendant, upon obtaining permission from CB, planned to recruit the title holder in advance to sell the title holder in the name of the party in question and to sell the title holder in Busan, the Defendant served as the intermediary in charge of the name in question.

Accordingly, the Defendant, around February 27, 2019, opened a conviction in the name ofCC through CB from the above “CA” around February 27, 2019, and sold it to the game business operator located in Busan, and the same year thereafter.

4. From 30.0 to 30.0, a total of 90 depths were sold in the same manner as the list of crimes in the annexed sheet.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operator in collusion with CB for the purpose of telecommunications.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol regarding CB;

1. Response (148 pages) and the application of the law of the Investigation Report (Adjustment of the Code of Crime)

1. Article 97 Subparag. 7 and Article 30 of the Telecommunications Business Act and Article 30 of the Criminal Act concerning criminal facts and the choice of punishment;

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