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(영문) 서울서부지방법원 2020.11.06 2020고단1794
전기통신사업법위반
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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

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 it for a third party's communications.

Nevertheless, on July 11, 2019, the Defendant reported to the effect that “the Defendant shall grant KRW 20,000 won to the person who was absent from his/her name,” posted his/her name in B car page at a false place, and received a proposal to the same effect, and consented thereto. After photographing the Defendant’s identification card and the application form for opening his/her cell phone, he/she sent the Defendant’s identification card to the person who was absent from his/her name, and sent the documents necessary for opening the cell phone to the person who was absent from his/her name, and had the person who was absent from his/her name open the cell phone (C, D), and had the person who was absent from his/her name open the cell phone (E, and F) use the pre-paid oil (E, and F) around July 16, 2019.

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 suspect interrogation protocol of the defendant against prosecutor G;

1. Application of the Acts and subordinate statutes on the data on replies, the Kakao Stockholm dialogue, the details of text messages, and the correspondence data sessions;

1. Article 97 of the relevant Act on Criminal Facts and Articles 97 and 30 of the Telecommunications Business Act on the Selection of Punishment, and 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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