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(영문) 창원지방법원 밀양지원 2019.09.05 2019고정78
전기통신사업법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person may provide telecommunications services provided by a telecommunications business operator for any third person's communications.

Nevertheless, on August 22, 2018, the Defendant received a proposal that “to open a core chip and pay KRW 30,000 won per week by opening the core chip via the advertisement,” which was posted on the Internet bulletin, and accepted it, and made it possible to open three core chips (B, C,D) under the name of the Defendant by transmitting it to the number designated by the non-member of the Defendant’s identification card and face to open the core chip under the name of the Defendant so that he/she can open the core chip under the name of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F, G, H, I, and J;

1. A report on internal investigation (Attachment of information on mobile phone subscribers), mobile phone subscribers, investigation report (request for provision of communication data), request for provision of communication data, investigation report (Attachment of information onK subscribers), and information on mobile phone subscribers;

1. Application of Acts and subordinate statutes concerning transaction details of the agricultural bank account A;

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

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

1. Selection of an alternative fine for punishment;

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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