Text
Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
Criminal facts were partially revised to the extent that it does not harm the defendant's right of defense.
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 August 6, 2018, the Defendant, in collusion with B, opened a mobile phone with D’s phone number in the name of B at the communications agency located in Jinju-si, and offered it for another person’s communications by receiving KRW 1 million from G around the F University located in Daejeon-gu, Daejeon-dong, Daejeon-gu, at around 10:00, around August 7, 2018.
[A] The Defendant asserts that he opened the above mobile phone and that there is no fact that he sold the core chips to G. However, such assertion is contrary to the statement at the police station in B. Furthermore, even if the Defendant’s statement at the police station, he himself opened his mobile phone and did not receive the core chips in his name, and recognized the fact that G received the core chips in his name and received KRW 1 million from G. This is difficult to evaluate that he directly received the core chips in his name and transferred them to G in that he provided the use of the core chips in communication. Ultimately, the Defendant’s assertion is rejected.
1. Police suspect interrogation protocol of the accused;
1. Police suspect interrogation protocol (public inspection document) regarding B;
1. The police statement of H and the defendant;
1. Data on communications and correspondence;
1. Application of Acts and subordinate statutes to report internal investigation (as to attachment of victim's photographic photo, B currency, B unclaimed case);
1. Relevant Article 97 subparagraph 7 of the Telecommunications Business Act and Article 30 of the Criminal Act concerning criminal facts;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. It is so ordered as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.