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(영문) 대구지방법원 2019.09.26 2019고정15
전기통신사업법위반
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

No person may intermediate a third party's communications using telecommunications services provided by a telecommunications business operator, or provide it for a third party's communications.

Nevertheless, at around 16:10 on January 6, 2017, the Defendant: (a) opened a cell phone sales store near Daegu Jung-gu building B; (b) opened an Internet search due to the need for rapid transmission; and (c) provided a telecommunications business operator with telecommunications services by reporting an advertisement posted by a company specialized in “in-house relief” C (General Book D) with a counseling staff E (25 years old, female) and first counseling; (b) listening to the mobile phone model, pattern, color, etc. necessary for committing the crime from the former sales store; (c) opened a cell phone number to the former sales store; and (d) transferred an Aphone 7 mobile phone to the “H”; and (d) transferred an Aphone 850,000 won mobile account in his/her name to the intermediary general book D; and (e) received deposits from the telecommunications business operator for telecommunications services using telecommunications business operator’s telecommunications services.

Summary of Evidence

1. Copies of each police statement of J, K, L, and M;

1. Police suspect interrogation protocol of the accused;

1. Each police suspect interrogation protocol against D or F;

1. Application of Acts and subordinate statutes to a report on investigation (or a suspect's counter investigation);

1. Article 97 of the relevant Act on Criminal Facts and Articles 97 and 30 of the Telecommunications Business Act on the Selection of Punishment, and Selection of Fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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