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(영문) 서울중앙지방법원 2017.02.01 2016고정4034
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person who transmits advertising information for profit by using an electronic transmission medium shall take measures to automatically create an addressee's contact information, such as telephone numbers, e-mail addresses, by combining numbers, codes, or letters.

Nevertheless, from November 2015 to February 2016, the Defendant automatically created 2,874 mobile phone numbers using X-gu in Seoul Special Metropolitan City for the purpose of receiving allowances based on the Internet access performance pursuant to Article 201 of the B Building 201, and then transmitted a voice book message with the content of soliciting online subscription to many unspecified persons created by using the Otop program of the Co., Ltd.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of investigation of illegal brochures;

1. Application of Acts and subordinate statutes on reply to communications data;

1. Article 74 (1) 4 and Article 50 (5) of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc., concerning facts constituting an offense, the applicable law and punishment, and the selection of fines;

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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