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(영문) 서울중앙지방법원 2019.03.29 2019고정303
전기통신사업법위반
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

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 a third party's communications.

On September 13, 2018, the Defendant: (a) received a proposal from an unsatisfying person who assumes the staff of a lending company; and (b) provided that, around September 14, 2018, the Defendant, at the office of the aforementioned unsatisfyed person in Seoul Northern-gu, the Defendant opened 63 Internet telephones or Internet circuits, as shown in the attached list of crimes, at around September 18, 2018, the Defendant provided that, as indicated in the attached list of crimes, 63 Internet telephones or Internet circuits were used by the aforementioned unsatisfying person of the telephone and the Internet circuits connected to the above Internet telephones.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for another's communications.

Summary of Evidence

1. Defendant's legal statement;

1. Answer (A) and details of subscription (A);

1. Application of Acts and subordinate statutes, such as a reply to request for the provision of each communication data (No. 17,18,31,32,33, 34 No. 1733);

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

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

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, which is difficult for the defendant to economic situation, and the fact that there is no record of the same kind of crime is recognized, but the number of telephone numbers opened and provided by the defendant is very high, and some of them are actually used for the singing crime, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and other various sentencing conditions specified in the arguments of this case, including the circumstances after the crime, shall be determined as ordered by the order.

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