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Defendant shall be punished by a fine of KRW 2,000,000.
If the defendant fails to pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
No person may provide telecommunications services provided by a telecommunications business operator for any third person's communications.
Nevertheless, on January 16, 2019, the Defendant sold the core chips in the name of another person, such as two core chips (C, D) opened in the name of another person at the Seocho-si bus terminal, Seosan-si, 190, and continuously sold the core chips in the name of another person, such as two core chips (E, F), which are opened in the name of B, at the same place on the same day.
Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for another's communications.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness B and G;
1. The police suspect interrogation protocol of H;
1. Recording (I, the other party-oriented chips purchaser, the employee) asserts that the defendant's recording (the defendant and the defense counsel are only present in the place of selling the core chips at the request of B, and therefore they may constitute aiding and abetting, and thus they may not be deemed to have sold the core chips directly by the defendant as stated in the crime. However, although the defendant's sales office of the core chips of this case was stored in the defendant, the two core chips among them were not sold by B, the defendant sent and sold them to his own house; ② the defendant accompanied when securing a core chips by opening a mobile phone at B agency; ③ the receipt of approximately KRW 50,000,000 from the sales price of the core chips under the name of the defendant; and the defendant received only KRW 30,000,000 from the sales price of the core chips under the pretext of introducing them, the above argument cannot be accepted).
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. The Criminal Act among concurrent crimes.