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(영문) 서울북부지방법원 2018.09.18 2018고정1105
전기통신사업법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person may intermediate other persons' communications or provide them for communications using telecommunications services provided by a telecommunications business operator.

Nevertheless, on November 2017, the defendant extended a loan to a dry field by opening a portable phone at around 2017.

“Around 19:00 on November 10, 201, the Plaintiff reported and contacted the advertisement of a person without a name, and received KRW 500,000 per portable phone. Around 19:00 on November 10, 2017, he/she first subscribed to the E mobile communication with D’s number at C agency located in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City), and subsequently, he/she newly subscribed to the G mobile communication with the F’s number, and transferred the said two mobile phone units to the said name, and received KRW 1,00,000 in cash.

At around 13:00 on November 11, 2017, the Defendant continuously stated “S” as “S” in the bill of indictment in Seoul, Gangnam-gu, Seoul, but it appears to be an obvious clerical error, so the Defendant’s correction ex officio (see, e.g., title 2, page 30 of the evidence record) and “K” number, transferred one of the phone calls opened to the above I and received KRW 500,000 in cash from the above I on the front day, and received KRW 50,000 in cash. On November 13, 2017, at N located in Dobong-gu Seoul, Seoul, “O” number with “O” number, and then transferred mobile phone name to a mobile phone, and received KRW 1,00,000 in cash from the P restaurant located in Dobong-gu Seoul, and provided each telecommunications business operator with telecommunications services for the purpose of telecommunications.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Written petition of R;

1. Requests for provision of communications data (No. 7 times a year), and the application of statutes to notify the results of such requests (communication data);

1. Article 97 Subparag. 7 and Article 30 of the Telecommunications Business Act and the selection of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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