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(영문) 대전지방법원 2016.06.01 2016고정226
전기통신사업법위반
Text

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

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

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.

1. On August 2014, the Defendant is entitled to the rebates of KRW 40,00 per case in the name of a domestic person, and KRW 10,00 per case in the name of a foreigner in the name of a foreign person, in the name of a foreign person, under the name of a pre-paid person, when opening a mobile phone sales store and distributing a mobile phone.

“Along with a fluoring fluority,” “E” opened a mobile phone sales store in the name of “E” in Daejeon Dong-gu, Daejeon.

From August 19, 2014 to October 13, 2014, the Defendant opened a total of 770 prepaid phones through G by using a foreign registration certificate provided by F in the name of the foreigner, which was illegally completed by F, from the above mobile phone sales store to the above mobile phone sales store, as well as 674 application form for prepaid phones in the name of the foreigner, which was illegally collected by F, and the Defendant used 96 copies of application form for prepaid phones in the name of the domestic person directly recruited by the person.

In addition, the Defendant sent the core chips of the prepaid phone opened as above to F directly from the aforementioned mobile phone sales store to F, or delivered it by means of delivering the express bus freight to F at the Daejeon Complex Terminal.

Accordingly, the Defendant conspiredd with F and provided telecommunications services provided by telecommunications business operators for telecommunications purposes.

2. The Defendant appears to be a clerical error in the facts charged in 2014, although the facts charged are written on 2015.

9. 15. The person was aware of prior knowledge in order to invite the title holder for the distribution of mobilephones.

H “A person who knows is necessary to have the business operator.”

A number of prepaid phones shall be opened in one name.

The term “to ask the nominal owner to reduce KRW 200,000 per single person.”

Accordingly, H is a resident registration certificate that the defendant opens a prepaidphone in another person's name and distributes it in a large phone, despite being well aware of the fact that the defendant is distributed in another person's name.

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