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(영문) 대구지방법원 2018.01.10 2017고정2003
전기통신사업법위반
Text

Defendant shall be punished by a fine of three 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.

On January 17, 2017, at the D mobile phone sales store operated by C in Daegu Northern-gu, Daegu-gu, the Defendant was aware of the Defendant’s intention to offer KRW 30,000 won per one severe judgment, and the Defendant provided telecommunications service to C for a total of five core chips (F, G), such as two core chips (C, number : I), one core chips (C, number chips) of H communications company, which is a separate telecommunications company, in the name of the Defendant. The Defendant provided telecommunications business operator with telecommunications services for the purpose of communications of others.

Summary of Evidence

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

1. A report on the commencement of internal investigation;

1. C photographic, D photographic, each telephone call contract, and identification certificate;

1. Application of Acts and subordinate statutes to investigation reports (number of prepaid cards sold as suspects);

1. Article 97 subparagraph 7 of the Telecommunications Business Act and the main sentence of Article 30 of the same Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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