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(영문) 서울중앙지방법원 2015.06.30 2015고단1499
전기통신사업법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

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.

1. On January 14, 2015, the Defendant: (a) sent D’s resident registration certificate from C to C, sent back the back back to Kakakaox to E; and (b) provided C with a prepaidphone (F) via E; (c) from that time, C sold the said opening prepaidphone to the person under whose name it was named; and (d) sold the said opening prepaidphone to C in the name of a national, three to 129 prepaid phones in the name of a foreigner, on condition that C receives two million won per month from C, as described in subparagraphs 1 through 129 of the List of Crimes Nos. 1 to 129, supra, until January 29, 2015, the Defendant provided three to Korea; and (c) sold the said opening prepaidphone to the person under whose name it was named.

In collusion with C, the Defendant provided telecommunications services provided by telecommunications business operators for the purpose of telecommunications.

2. On December 2014, at the request of C, the Defendant registered the business in the name of “G” in the name of “G”, and entered into a contract for the use of H and the separate communications. Accordingly, the Defendant was granted the P code (sale store) of “I”, “J”, “K”, and “L”, which are a separate telecommunications business entity.

Around February 7, 2015, the Defendant continued to transmit a foreigner passport (name holder: N) and a canl file to K and provide C with a prepaid chips (O) by transmitting the e-mail to K.C. From that time, C sold the fchips of the above opening prepaid chips to a person who is not eligible for the name. From that time, until February 11, 2015, up to February 11, 2015, the Defendant provided C with a total of KRW 130 to 50 prepaid chips in the name of a national and KRW 4,000 per 179,000 from February 11, 2015, and C sold the fchips in the name of a national and KRW 4,56 prepaid chips in the name of a foreigner.

Accordingly, the defendant is C.

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