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(영문) 부산지방법원 2018.09.13 2018고정1211
전기통신사업법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. No defendant A shall open a mobile communications terminal device which concludes a contract for the provision of telecommunications services in the name of another person on the condition of providing or lending funds, and use the telecommunications service provided to such mobile communications terminal device;

On August 30, 2017, at the defendant's house located in Daegu Dong-gu B and 106 Do 504, the Defendant purchased the pre-paid conviction (tel number: E) in the name of a YM from C by means of delivering it to a door-to-door distribution, and used it for loan business. From around that time to September 15, 2017, the Defendant purchased the pre-paid conviction of another person's name from C in the same way three times in total, such as the list of crimes Nos. 1, 2, and 10, and 10, and used it for loan business.

Accordingly, the defendant opened a mobile communications terminal device that concludes a contract for the provision of telecommunications services in another person's name on the condition of providing funds, and used the telecommunications service provided to the mobile communications terminal device.

Summary of Evidence

1. A protocol concerning the examination of suspect by a part of each prosecution against C;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to the investigation report (overtime 80)

1. Subparagraph 2 of Article 95-2 and Article 32-4 (1) 1 (Punishment of Punishment) of the relevant Act and the Telecommunications Business Act concerning facts constituting a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.

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