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(영문) 수원지방법원 2020.04.03 2019고정1696
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

On January 10, 2019, the Defendant was sentenced to imprisonment with prison labor for six months at the Suwon District Court for fraud and was sentenced to a suspended sentence of two years on January 18, 2019, and the said judgment became final and conclusive.

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.

On December 17, 2018, the Defendant: (a) proposed that “the Defendant would pay KRW 30,000 per unit if he/she lends the name in order to open the prepaid phone; (b) he/she sent the Defendant’s resident registration certificate to the Kakaoox, and sent the Defendant’s personal information for the opening of the prepaid phone; (c) sent the Defendant’s resident registration certificate to the person in charge of the communication agency on the trade name, such as pictures and pledges, taken the Defendant’s resident registration certificate; and (d) sent the Defendant’s personal information for the opening of the prepaid phone in the name of the Defendant; and (e) had the person in charge of the trade name, who was named, receive one cell phone from the above telecommunications agency at the location of Busan City, and received KRW 30,00 in return.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A protocol concerning suspect examination of D;

1. E’s authenticity and written statements;

1. Previous convictions in judgment: Criminal records, investigation reports (suspect A- fraudulent records verification), and application of statutes governing judgment;

1. Article 97 of the relevant Act concerning criminal facts, Article 97 of the Telecommunications Business Act for the selection of punishment, and the selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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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