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(영문) 부산지방법원 서부지원 2020.05.14 2020고정31
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 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, around June 2019, the Defendant: (a) received a proposal and accepted it from a name-free person who misrepresented to the employees of a lending company; (b) made the representative telephone number “F” and “G” number in the name of the Defendant in the name of E, a telecommunications business operator registered in the name of the Defendant, on June 10, 2019; (c) opened 12 Internet calls, including “H,” and sent the phone number connected to the above Internet phone to the above name-free person on the same day.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes to investigation reports (attached to materials for replys to tax evasion related to the E);

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

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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