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(영문) 서울북부지방법원 2019.07.19 2019고정708
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 a third party's communications.

Nevertheless, on April 5, 2018, the Defendant reported the Internet advertisement that provides money via a prepaid phone and consented to the offer of money if he/she takes over a core chip by opening the prepaid phone from a nameless person who became aware of by communicating with him/her. On May 21, 2018, the Defendant prepared a document for opening the prepaid phone in the name of the Defendant and taken the photo, and sent it to the nameless person via B’s message. The nameless person opened the five prepaid phone (C, D, E, F, G) in total in the name of the Defendant using the above opening document on the same day, and provided telecommunications services provided by the telecommunications business operator for the purpose of communication by allowing Kwikset to receive the core chip of the relevant prepaid phone through Kwik service.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement of H;

1. Application of Acts and subordinate statutes to a criminal investigation report (part of data after a request for the provision of communication data), each investigation report (data reply after a request for the provision of communication data), and an investigation report (investigation into cell phone number related);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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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