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(영문) 서울북부지방법원 2020.10.16 2020고정1225
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

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.

Nevertheless, on April 6, 2020, the Defendant offered that the name-free winners who became aware of the PPS and the Kakakakakao Stockholm open marketing room will offer KRW 20,000 won per each trial of the first instance court, with the consent of the proposal, to receive KRW 20,000 won per one trial of the first instance court, and the other party would be informed of the application form for telephone subscription and identification cards, and sent the documents to the Kakao Stockholm on April 6, 2020, so that the name-free winners could open the C phone in the name of the Defendant from April 6, 2020.

Accordingly, the defendant provided telecommunications services provided by B, a telecommunications business operator, for another's communications.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for provision of communication data (48 pages of evidence records), replys (50 pages of evidence records) and the application of statutes;

1. Article 97 of the relevant Act on Criminal Facts and Articles 97 and 30 of the Telecommunications Business Act on the Selection of 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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