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(영문) 수원지방법원안산지원 2020.12.11 2020고단1393
전기통신사업법위반
Text

[Defendant A] The defendant shall be punished by a fine of one million won.

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

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.

Defendant

A around August 2019, the Defendant: (a) received the proposal from B, which was known to the general public, that “A would pay a certain amount of money under the name of franchising in the name of franchising in the name of franchising store.” (b) around August 26, 2019, the Defendant visited the “D’s cell phone store located in the member-gu C in Ansan-si, which was known to the said B, in the name of the Defendant; (c) visited the Defendant, one mobile phone store in E; (d) one cell phone in G; and (e) one cell phone in I to the said B; and (e) delivered it to the said B.

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

2. On July 2019, Defendant B received a proposal that Defendant B would offer money from a person who was unaware of his name by reporting and communicating with an advertisement of the title “prepaid purchase” inserted on the Internet K website bulletin at the site.

Accordingly, as described in paragraph (1) above, the Defendant received a conviction from A, and then delivered it to a person who is the operator of a mobile phone store, who is not the operator of a mobile phone store, as described in paragraph (1) above.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Request for provision of communications data and notification of the result of request;

1. Details of the conversation between the suspect A and B Kakaook;

1. Application of the provisions of the Acts and subordinate statutes on account transactions, the details of relevant account cards, photographs of historical cards, cell phone store photographs, and the Kakao

1. Article 97 subparagraph 7 of the Telecommunications Business Act and Article 30 of the same Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of each of the ordinary concurrent crimes are punished by a fine against Defendant A, and Defendant B.

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