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(영문) 수원지방법원 2020.10.07 2020고정1113
전기통신사업법위반
Text

Defendant shall be punished by a fine of two 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 a third party's communications.

Nevertheless, on January 5, 2019, the Defendant accepted the proposal that “B,” a name-free person using the name-free statement of “B,” “B,” which was known through the Kakaxbook advertising at a non-permanent place, will offer 30,000 won per page,” and the Defendant received the aforementioned name-free person’s name-free statement from the name-free person using the name-free statement of “B, 30,000 won per page,” and received the aforementioned name-free person’s name-free person’s name-free statement from the name-free person’s bank account in the name of the Defendant’s name on January 16, 2013, taking the identification card necessary for the opening of the pre-paid refeit, online opening pledge, etc. through the Kakaox, thereby making the above name-free person use via five (C), E (F), G (H), I (H), and K (L) respectively.

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

Summary of Evidence

1. Police suspect interrogation protocol of the defendant's oral statement;

1. Investigation reports ( Results of requests for provision of communications data), and investigation reports (referring to requests for provision of communications data);

1. Application of reply statutes to a request for provision of communications data or a request for provision of communications data;

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 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 reasoning for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “The Criminal Procedure Act”) of the provisional payment order can be used as a means of another crime, such as scaming or cyber gambling, and thus, the nature of the crime is bad.

However, the defendant recognizes his mistake as a primary offender.

Profit acquired by the defendant through the crime of this case is relatively minor.

The defendant shall be a child or juvenile.

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