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(영문) 수원지방법원 안산지원 2018.12.28 2018고단3644
전기통신사업법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

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.

Nevertheless, on May 2017, the Defendant may receive KRW 20,000 per one core chip if he/she sells a core chip from D that he/she came to know through C in the street near the Ansan-si Station of the members of Ansan-si, Ansan-si.

“On the proposal,” in collusion with D, I had the mind to sell to others the valuable chips opened in the name of the Defendant.

1. On May 31, 2017, the Defendant: (a) prepared documents necessary for the opening of the mobile core chips from the mobile phone E located in Ansan-si; (b) opened the cell core chips from a total of 14 mobile phone (Attachment Nos. 1 through 14) including the lines of “G” provided by large-scale telecommunications business operators (SK); (c) opened the cell core chips from the mobile phone line provided by the large-scale telecommunications business operators; and (d) sold them to D after receiving KRW 70,000 per single core chips from the name in the vicinity of the Ansan-si Station near the Ansan-si Station around that time, D was divided into the Defendant and the sales amount.

2. On June 24, 2017, the Defendant: (a) at the mobile phone agent located in Ansan-si, Ansan-si; (b) prepared documents necessary for opening a cell line; and (c) submitted them to “AW telecom”; and (d) opened two mobile core chips, including the “I” line provided by the TW Telecom, to the telecommunications business entity; (b) around the same time, D received and sold name-oriented chips of KRW 70,00 per single core chip from the nearby the Ansan-si station.

Accordingly, the defendant, in collusion with D, provided telecommunications services provided by telecommunications business operators for the purpose of telecommunications by selling a total of 16 mobile phone core chips.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes regarding purchase of mobile phones;

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

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