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(영문) 수원지방법원 2019.08.28 2019고단3429
전기통신사업법위반
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The evidence of seizure shall consist of evidence 2 through 7, 9 through 13, 15, 16, 20, 23 through 34, respectively.

Reasons

Punishment of the crime

[Criminal Power] On February 15, 2017, the Defendant was sentenced to six months of imprisonment due to false entry into public electromagnetic records, etc. at Daejeon District Court, and completed the execution of the sentence on June 13, 2017.

【Criminal Facts】

1. No person who violates the Telecommunications Business Act due to a violation of Article 32-4 (1) 1 of the Telecommunications Business Act shall use telecommunications services provided to a mobile communications terminal in the name of a third party or use telecommunications services for the collection of the relevant funds, on condition that funds are provided or lent;

A. On September 26, 2018, the Defendant purchased core chips, the mobile phone number C (D) in the name of his/her mobile phone business operator, on condition that 1.70,000 won should be given to him/her, and used telecommunications services provided in another person’s name by inserting them into the mobile phone machine owned by the Defendant from around that time to around May 2019 on condition that he/she provides funds by using the opening and sale of the mobile phone chips in the name of his/her mobile phone business operator.

B. On December 10, 2018, the Defendant, based on the E’s record from a sponsor with no name-to-name, as indicated in the Decision 1-B.

The name holder of the mobile phone number stated in the port is recognized to be E, and as Q is obvious that it is a clerical error in the indictment, it shall be corrected.

On condition of providing KRW 170,000,000, the core chip (F) in the name of the mobile phone number “F” was purchased, and the mobile communications service was used by inserting it into the mobile phone machine owned by the Defendant from around that time to June 18, 2019 on the condition that funds are provided by using the opening and sale of the core chip and using the mobile phone in the name of another person.

2. Any person who violates the Telecommunications Business Act due to a violation of Article 32-4 (1) 2 of the Telecommunications Business Act shall provide or provide funds;

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