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(영문) 인천지방법원 2017.04.20 2017고정512
전기통신사업법위반
Text

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 shall intermediate other persons' communications or provide them for communications using telecommunications services provided by a telecommunications business operator.

Nevertheless, the Defendant: (a) received a proposal from a person under his/her name, stating that he/she would open a core chip via a mobile phone and offer 200,000 won per week on July 14, 2016; and (b) transferred the relevant core chip to a person under his/her name by using B mobile phone (line non-phone) from the online network, which is a communications company, to a person under his/her name; and (c) transferred the relevant core chip to a person under his/her name on the same day by using C mobile phone (line non-phone) from the U.S. agent on the same day; and (d) transferred the relevant fluid chip to a person under his/her name after obtaining a DNA mobile phone (line non-phone) from an irregular agency on the same day.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for the purpose of telecommunications.

Summary of Evidence

1. Statement by the defendant in court;

1.The application of the Acts and subordinate statutes to reply materials (compreteds, E), revolving materials (compreteds, etc.)

1. Article 97 subparagraph 7 of the relevant Act and the main sentence of 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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