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(영문) 서울서부지방법원 2018.05.25 2017고정1620
전기통신사업법위반
Text

Defendant

A shall be punished by a fine of KRW 15 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

No person shall recommend, arrange, mediate, or advertise contracts for the provision of telecommunications services necessary for the use of a mobile communications terminal device on the condition that he/she provides or lends funds.

1. On May 1, 2015, from around November 4, 2016 to around November 4, 2016, Defendant A introduced D, etc., which had contacted for loan as shown in attached Table 1 to “E” from his/her office located in Yeongdeungpo-gu Seoul Metropolitan Government, to offer a total of 156 mobile phones, thereby allowing Defendant A to open a mobile phone and receive a fee of KRW 100,000 per cell phone opening from E.

Accordingly, the Defendant recommended, arranged, and mediated the contract on the provision of telecommunication services necessary for the use of mobile communication terminal devices, on condition that the Defendant provides or lends funds.

2. Defendant B: (a) placed in Eunpyeong-gu Seoul from October 31, 2016 to November 4, 2016; (b) placed H, etc. in his/her G office, which had contacted for loans, at his/her G office, into “E” and offered 8 mobile phone openings through a total of 10,000 won per cell phone; and (c) received commission fees from E for each mobile phone openings.

Accordingly, the Defendant recommended, arranged, and mediated the contract on the provision of telecommunication services necessary for the use of mobile communication terminal devices, on condition that the Defendant provides or lends funds.

Summary of Evidence

1. Defendants’ legal statement

1. Copies of seizure records;

1. A protocol concerning the examination of each police suspect against I, J, K, L, or M;

1. Application of the law of the police statement protocol to N;

1. Subparagraph 3 of Article 95-2 of the Telecommunications Business Act and Article 32-4 (1) 2 (Selection of Penalty Surcharge) of the same Act concerning a crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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