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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
No person shall use telecommunications services provided to a mobile communications terminal in the name of another person by opening a mobile communications terminal that enters into a contract for the provision of telecommunications services, on condition that he/she provides or lends funds, or use telecommunications services for the collection of the relevant funds.
Nevertheless, at around 23:00 on October 20, 2016, the Defendant, at the Defendant’s residence located in Daegu Northern-gu 2 apartment No. 104- 1606, 2016, attached two large-scale fluid chips, opened to the device in the name of a person whose name was unknown, and used for access to the Internet sports betting site until October 25, 2016.
Accordingly, the Defendant opened a mobile communications terminal to enter into a contract for the provision of telecommunications services in another person's name on condition of providing or lending funds, and used telecommunications services provided to the mobile communications terminal.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of suspect C by the prosecution;
1. Examination protocol of police suspect regarding D;
1. Each internal investigation report (as regards the timing of internal investigation and arrest, relation to the situation in which C sells mobile communications services, such as spophonephones, even before the gold day), and investigation report (as to the details of conversation made by C with the distributor of spophones);
1. Application of Acts and subordinate statutes concerning police seizure records;
1. Article 95-2 subparagraph 2 of the relevant Act and Articles 32-4 (1) 1 of the Telecommunications Business Act (the selection of a fine, inclusive, for the illegal use of mobile communications terminal devices) concerning facts constituting an offense;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is that the Defendant purchased and used an inner chip for the purpose of using the illegal sports earth site, so it is not good that the crime is not committed.
The defendant bought.