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(영문) 서울북부지방법원 2018.02.08 2018고정42
전기통신사업법위반
Text

Defendant

A A shall be punished by a fine of KRW 1.5 million, and Defendant B shall be punished by a fine of KRW 2.5 million.

The above fine is imposed against the Defendants.

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 communications of a third party.

1. Defendant A, at around August 2016, at the Defendant’s residence located in Jung-gu Seoul Metropolitan Government and 101 Dong 1102, sent documents necessary for the opening of four mobile phones, such as a copy of resident registration certificates and a certified copy of resident registration cards, to a person who is missing from his name, and delegated the opening and disposition of his mobile phone while receiving KRW 1,00,000,000. The person whose name was defective was sent to Daejeon-gu D and the second floor “E” office, and had the said company use the mobile phone with four mobile phone under the name of the Defendant.

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

2. Defendant B: (a) around August 2015, the Defendant: (b) set up documents necessary for the opening of four cell lines, such as the written application for opening a cell phone; and (c) delegated the opening and disposal of a cell phone with the intention to receive KRW 2,00,00,000, within a passenger car parked in the front line of the 341st line, Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, for the purpose of using the cell phone in the name of the Defendant; and (d) sent the same to Daejeon-gu, Daejeon-gu, Daejeon-gu, and the second floor “E”); and (e) sent the same to the said company’s name, the non-resident was sent to the said company’s office using the cell phone four (4).

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

Summary of Evidence

1. Defendant A’s legal statement

1. A protocol concerning the examination of suspect against the defendant B;

1. Copy of each protocol concerning the examination of suspect of the police against F and G;

1. Copies of seizure records;

1. (A), such as a letter of delegation and a copy of an application for entry into mobile phones;

1. Application of Acts and subordinate statutes (B), such as a copy of an application for mobile phone membership;

1. Defendants of the pertinent legal provisions and the choice of punishment regarding criminal facts: each of the Defendants.

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