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(영문) 수원지방법원 안양지원 2018.04.19 2017고단787 (1)
전기통신사업법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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 communications of a third party.

Nevertheless, on December 9, 2016, the Defendant: (a) was aware of Internet loans at the Defendant’s residence located in Boan-gu, Sinan-gu, Sinan-gu; (b) received a proposal from his name and influenite to “to grant money to the Defendant by opening a fluence; (c) taken the Defendant’s identification card and application pictures on the condition of receiving KRW 100,000 on the condition of receiving KRW 100,00,00; and (d) sent smartphone fluor to the Defendant’s name, sent it to the Defendant, and sent it to the Defendant’s name (D, E, F, G, H, I, J, and K), and had the name influence use the core of the pre-paid in the Defendant’s name as above.

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 case of reply to a request for the provision of communications data, response following a request for the provision of communications data, the case of requests for the provision of mobile communications data, the details of inquiries about personal information, the notification of requests for business, the notification of the results of requests for L&C, and the application of the Acts and subordinate statutes for inquiries into communications data on telecom

1. Article 97 subparagraph 7 of the same Act and Article 30 of the same Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to the detention of the workhouses is that the Defendant’s liability for the crime of this case is minor in light of the content of the instant crime;

Although it is not possible to make a decision as ordered by comprehensively taking into account all the conditions of sentencing, such as the defendant's opposite nature, the fact that there is no record of criminal punishment, and the age, environment, circumstances after the crime.

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