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(영문) 제주지방법원 2020.04.03 2019고정617
전기통신사업법위반
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the 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 December 2, 2018, the Defendant sent his personal identification card to a person who was unaware of his name, and had him open four pre-paid trials (BC, DE, FG, HI) on the following grounds: “On the face of a week through opening a mobile phone chip, 20,000 won per page.”

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

Summary of Evidence

1. Entry of a copy of the protocol of interrogation of the accused in the police preparation;

1. Statement of a copy of suspect interrogation protocol prepared by J of the police officer;

1. Entry of a copy of the statement in K written by the police officer; and

1. Entry of a copy of the report on damage filed by K Preparation;

1. Each investigation report prepared by the police (including accompanying documents) of each investigation report (to be accompanied by the closure data of the J monetary records / the telephone number for the use of the crime / the confirmation of subscriber numbers / the details of subscription to regular correspondence companies under A);

1. A copy of response to a request for providing financial transaction information (including attached documents) by the director of the Business Support Center for L Bank;

1. Description of a copy of the Kakao Stockholm conversation;

1. Application of each video-related statute to a copy of the photograph of each mobile phone screen;

1. Relevant Article of facts constituting an offense, and subparagraph 7 of Article 97 of the Telecommunications Business Act and the main sentence of Article 30 of the same Act;

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 of the provisional payment order is 【Scope of the sentencing sentence under law】 Fine of KRW 50,000 to KRW 50 million. It is so decided as per Disposition on the grounds of a fine of KRW 3 million or more.

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