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(영문) 서울중앙지방법원 2015.06.30 2015고단1403
전기통신사업법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

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.

The Defendant, in collusion with C, D, and E, cited the copy of the resident registration certificate and the copy of the foreigner registration certificate to be used as a member of the mobile phone, and D, using a copy of the above identification card, sent the above identification card to E, and E prepared an application for mobile phone membership and sent it to the Defendant. Upon D’s request, the Defendant registered the mobile phone agent of “F” at the request of D to receive KRW 10,00 per unit of the opening of the mobile phone, and notified C of the opening of the relevant digital chip from a specific telecommunications business operator, using the application for membership and the copy of the identification card, and then C intended to sell the same to the non-member of the personal chip.

After the Defendant recruited as above with C, D, E, etc., on October 30, 2014, at the “F office” office operated by the Defendant in Gangnam-gu Seoul Northern District, Seoul, the Defendant sold and provided a conviction chip under the name of H via C, which was opened by the said method, and thereafter, from that time, 85 units of “73 units of indictment” as stated in attached Table 1 and 2, as from November 20, 2014.

He opened his mobile phone core chip and provided it to a person with poor names through C through telecommunications services provided by telecommunications business operators for the use of telecommunications services provided by others.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against C, D, and I;

1. Application of Acts and subordinate statutes to investigation reports (F additional criminal records and attachment of A sight table);

1. Article 97 Subparag. 7 and Article 30 of the Telecommunications Business Act, Article 30 of the Criminal Act, and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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