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(영문) 청주지방법원 2016.08.17 2016고정342
전기통신사업법위반
Text

Defendant

A shall be punished by a fine of 5 million won, by a fine of 2 million won, each of the defendants B and C.

The Defendants respectively.

Reasons

Punishment of the crime

1. No person shall solicit, mediate, mediate, or place an advertisement on the provision of telecommunications services necessary for the use of mobile communications devices on the condition that funds are provided or lent;

Nevertheless, in order to allow E to use a mobile phone under the name of another person upon D's request, the Defendant solicited E to open two mobile phones (F and G) in the name of C on September 8, 2015, subject to the provision of KRW 60,000 to C, and recommended B to open one mobile phone (H) in the name of B on September 15, 2015, subject to the provision of KRW 30,000,000 to C.

2. No one may intermediate a third party's communications, or provide it for a third party's communications, using telecommunications services provided by telecommunications business operators;

Nevertheless, on September 15, 2015, the Defendant provided two cellular phone units (H and I) in the name of the Defendant and the name of the Defendant for another person’s communications at around 16:16.

3. No person who has mediated another person's communications or provided it for another person's communications by using telecommunications services provided by telecommunications business operators;

Nevertheless, on September 8, 2015, the Defendant provided two mobile phone units (F and G) in the name of the Defendant for another person’s communications at the closed land around 11:20.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. A protocol concerning interrogation of suspect with regard to D;

1. Application of Acts and subordinate statutes to inquiries into communications data (12, 119, 131 pages of investigation records);

1. Article 95-2 Subparag. 3 of the Telecommunications Business Act, and Article 32-4 Subparag. 2 of the same Act, and Article 32-4 Subparag. 7 of the same Act, and the main sentence of Article 97 Subparag. 7 of the Telecommunications Business Act, and Article 30 (Selection of Penalty)

1. Aggravation concurrent crimes;

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