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(영문) 대구지방법원 2017.08.18 2017고정1355
전기통신사업법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

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.

The defendant and B have opened and sold mobile core chips under the name of the defendant and gathered the price by dividing it into two.

Accordingly, the Defendant opened the core chips with the “C” number in the name of the Defendant at the location of LG U telecommunications chips located in Daegu Jung-gu, Daegu-gu, and sold them to B. At that time, B sold the above core chips to the person who was not the name, as shown in the list of crimes in attached Table from October 17, 2013 to October 17, 2013, and opened a total of seven mobile phone chips under the name of the Defendant and sold them to the person who was not the name.

Accordingly, the defendant and B conspired to provide telecommunications services provided by telecommunications business operators for the purpose of telecommunications.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the statement B in the police interrogation protocol against the defendant

1. Investigation report (the opening number of core chips and the date and time of crime), and data related to admission to cell phones;

1. Application of the statutes on search and seizure inspection warrant and reply;

1. Article 97 Subparag. 7 of the relevant Act and the main sentence of Article 30 of the Telecommunications Business Act, Article 30 of the Criminal Act, and the selection of fines for crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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