logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2021.03.17 2020고정1853
전기통신사업법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

No person may intermediate communications services provided by a telecommunications business operator, or provide such services for communications of other persons.

Nevertheless, on October 2019, the Defendant received a proposal from a person who was aware of his name on the Internet, stating that “The Defendant will die with the fire of 2 to 30,000 won per one,” and around that time, taken a written pledge necessary for opening the fire of the vessel and related documents, such as identification cards and photographs, as instructed by the person who was in the name of the Defendant, and sent them to the person who was in the name of the Defendant, and had the person who was in the name of the Defendant open one pre-paid one (B) of the pre-paidness in the name of the Defendant at that time.

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. Statement made by the police against C;

1. The application of Acts and subordinate statutes to a response to a request for provision of communications data (two books and six2 pages of evidence records);

1. Article 97 of the relevant Act and the main sentence of Article 30 of the Telecommunications Business Act concerning criminal facts as well as the selection of punishment;

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

1. It is reasonable to maintain the amount of fine as stipulated in the summary order in full view of the following: (a) the reasoning for sentencing under Article 334(1) of the Criminal Procedure Act was revealed that the crime was used in the instant fraud crime; and (b) the damage was not yet recovered; and (c) there was no change in circumstances that may be considered in sentencing after the notification of the summary order. It is so decided as per Disposition on the grounds above.

arrow