Chapter VI. Penal Provisions


Article 177.
Any person who has operated a telecommunicationsbusiness in violation of the provisions of Article 9 shall be guilty ofan offense and liable to penal servitude for a term not exceeding threeyears or to a fine not exceeding two million yen or to both.

Article 178.
Any person who has refused to provide telecommunicationsservices in violation of the provisions of Article 25 paragraph (1) or(2) shall be guilty of an offense and liable to penal servitude for a termnot exceeding two years or to a fine not exceeding one million yen or toboth.

Article 179.
(1)  Any person who has violated the secrecyof communications being handled by a telecommunications carrier (includingcommunications stipulated in Article 164 paragraph (2)) shall be guiltyof an offense and liable to penal servitude for a term not exceeding twoyears or to a fine not exceeding one million yen.

(2)  Any person who engages in the telecommunicationsbusiness and has committed the act of the preceding paragraph shall beguilty of an offense and liable to penal servitude for a term not exceedingthree years or to a fine not exceeding two million yen.

(3) An attempted offense of the preceding twoparagraphs shall be punished.

Article 180.
(1) Any person who has operated without authorityany telecommunications facilities for telecommunications business of atelecommunications carrier and thereby obstructed the provision of telecommunicationsservices shall be guilty of an offense and liable to penal servitude fora term not exceeding two years or to a fine not exceeding five hundredthousand yen.

(2) The provisions of the preceding paragraphshall also apply when any person who has engaged in the telecommunicationsbusiness has failed to carry out, without due reason, the work of maintenanceor operation of telecommunications facilities for telecommunications businessof a telecommunications carrier and thereby caused the provision of telecommunicationsservices to be impaired.

(3) An attempted offense of paragraph (1) shallbe punished.

Article 181.
Any person who falls under any of the followingitems shall be guilty of an offense and liable to penal servitude for aterm not exceeding one year or to a fine not exceeding one million yen.

i) Any person who has violated the orderin accordance with the provisions of Article 54 (including the cases whereArticle 54 shall apply, mutatis mutandis, in Article 61 and Article 68)
ii) Any person who has violated the prohibitionin accordance with the provisions of Article 60 paragraph (1) (limitedto part pertaining to item i)), Article 66 paragraph (1) (limited to partpertaining to item i)) or Article 67 paragraph (1)


Article 182.
Any person who has violated the order in accordancewith the provisions of Article 100 paragraph (2) (including the cases whereArticle 100 paragraph (2) shall apply, mutatis mutandis, in Article 103)shall be guilty of an offense and liable to penal servitude for a termnot exceeding one year or to a fine not exceeding five hundred thousandyen.

Article 183.
Any person who has divulged any secret whichhas come to such person's knowledge with respect to such person's dutiesin violation of the provisions of Article 78 paragraph (1) (including thecases where Article 78 paragraph (1) shall apply, mutatis mutandis, inArticle 116 paragraph (1)) shall be guilty of an offense and liable topenal servitude for a term not exceeding one year or to a fine not exceedingfive hundred thousand yen.

Article 184.
When a designated examination agency or supportinstitution has violated an order to suspend its work in accordance withthe provisions of Article 84 paragraph (2) (including the cases where Article84 paragraph (2) shall apply, mutatis mutandis, in Article 116 paragraph(1)), any officer or staff of such designated examination agency or supportinstitution who has committed such an act of violation shall be guiltyof an offense and liable to penal servitude for a term not exceeding oneyear or to a fine not exceeding five hundred thousand yen.

Article 185.
Any person who has operated a telecommunicationsbusiness in violation of the provisions of Article 16 paragraph (1) (excepta person who is to obtain a registration of Article 9) shall be guiltyof an offense and liable to penal servitude for a term not exceeding sixmonths or to a fine not exceeding five hundred thousand yen.

Article 186.
Any person who falls under any of the followingitems shall be guilty of an offense and liable to a fine not exceedingtwo million yen:

i)  Any person who has changed thematters of Article 10 paragraph (1) item ii) or iii) in violation of theprovisions of Article 13 paragraph (1)
ii)  Any person who has provided telecommunicationsservices in violation of the provisions of Article 19 paragraph (3), Article20 paragraph (5) or Article 21 paragraph (6)
iii)  Any person who has violated any orderor administrative disposition made in accordance with the provisions ofArticle 19 paragraph (2), Article 20 paragraph (3), Article 21 paragraph(4), Article 29 paragraph (1) or (2), Article 30 paragraph (4), Article31 paragraph (3), Article 33 paragraph (6) or (8), Article 34 paragraph(3), Article 35 paragraph (1) or (2), Article 38 paragraph (1) (includingthe cases where Article 38 paragraph (1) shall apply, mutatis mutandis,in Article 39), Article 43 paragraph (1) (including the cases where Article43 paragraph (1) shall apply, mutatis mutandis, in paragraph (2) of thesame article), Article 51 or Article 121 paragraph (2)
iv)  Any person who has entered into, amendedor terminated an agreement or contract in violation of the provisions ofArticle 33 paragraph (9), Article 34 paragraph (4) or Article 40
vi)  Any person who has failed to appointa chief telecommunications engineer in violation of the provisions of Article45 paragraph (1)


Article 187.
Any person who falls under any of the followingitems shall be guilty of an offense and liable to a fine not exceedingfive hundred thousand yen:

i)  Any person who has failed tosubmit a notification or submitted a false notification in accordance withthe provisions of Article 16 paragraph (3)
ii)  Any person who has affixed the markin violation of the provisions of Article 53 paragraph (3)


Article 188.
Any person who falls under any of the followingitems shall be guilty of an offense and liable to a fine not exceedingthree hundred thousand yen:

i)  Any person who has failed tosubmit a notification or submitted a false notification in accordance withthe provisions of Article 17 paragraph (2), Article 18 paragraph (1), Article36 paragraph (1), Article 37 paragraph (1) or (2), Article 42 paragraph(3) (including the cases where Article 42 paragraph (3) shall apply, mutatismutandis, in paragraph (4) of the same article), Article 44 paragraph (1)or (2), Article 45 paragraph (2), Article 108 paragraph (3), Article 120paragraph (4) (including the cases where Article 120 paragraph (4) shallapply, mutatis mutandis, in Article 122 paragraph (4)) or Article 124 paragraph(1)
ii) Any person who has failed to submit a notificationin accordance with the provisions of Article 20 paragraph (1)
iii)  Any person who has failed to maintainrecords or who has made false records in accordance with the provisionsof Article 22 or Article 33 paragraph (12)
iv) Any person who has violated the provisionsof Article 23 paragraph (1)
v)  Any person who has failed to reportor made a false report in accordance with the provisions of the Article28 or Article 31 paragraph (4)
vi)  Any person who has failed to publishinterconnection tariffs in violation of the provisions of Article 33 paragraph(11), Article 34 paragraph (5) or Article 108 paragraph (3)
vii) Any person who has failed to publish a planin violation of the provisions of Article 36 paragraph (2)
viii) Any person who has submitted a false notificationin submitting a notification in accordance with the provisions of Article63 paragraph (3)
ix) Any person who has failed to prepare a recordor made a false record, or has failed to keep a record in violation ofthe provisions of Article 63 paragraph (4)
x) Any person who has failed to prepare a reportor made a false report in accordance with the provisions of Article 92paragraph (1) (including the cases where Article 92 paragraph (1) shallapply, mutatis mutandis, in Article 103)
xi) Any person who has failed to prepare andkeep a record book and made entries in it, or has made false entries orhas failed to keep a record book in violation of the provisions of Article96 (including the cases where Article 96 shall apply, mutatis mutandis,in Article 103)
xii) Any person who has discontinued a businesswithout submitting a notification in accordance with the provisions ofArticle 99 paragraph (1) (including the cases where Article 99 paragraph(1) shall apply, mutatis mutandis, in Article 103)
xiii) Any person who has violated the provisionsof Article 141 paragraph (4) or Article 143
xiv) Any person who has failed to make a reportin accordance with the provisions of Article 166 paragraph (1), paragraph(2) (including the cases where paragraph (2) shall apply, mutatis mutandis,in paragraph (3) of the same article) or paragraph (4) applied, mutatismutandis, in paragraph (5) of the same article, or made a false report,or who has refused, hindered or evaded the inspection in accordance withthese provisions
xv) Any person who has violated the order inaccordance with the provisions of Article 167 paragraph (1) (includingthe cases where Article 167 paragraph (1) shall apply, mutatis mutandis,in paragraph (4) of the same article)


Article 189.
When a designated examination agency or supportinstitution falls under any of the following items, any officer or staffof such organizations who has committed such an act of violation shallbe guilty of an offense and liable to a fine not exceeding three hundredthousand yen:

i)  When any of such organizationshas failed to prepare or keep a record book or made no entry or made falseentries in it, or has failed to keep a record book in violation of Article81 (including the cases where Article 81 shall apply, mutatis mutandis,in Article 116 paragraph (1) )
ii)  When any of such organizations hasdiscontinued all of the operations of either the examination business orsupport service in violation of the provisions of Article 83 paragraph(1) (including the cases where Article 81 shall apply, mutatis mutandis,in Article 116 paragraph (1))
iii)  When any of such organizations hasfailed to prepare a report or made any false report under the provisionsof Article 166 paragraph (4), or when any of such organizations has refused,hindered or evaded the inspection specified in accordance with the provisionsof the same paragraph


Article 190.
When any representative of a juridical person,any juridical person, any proxy of a person, any employee or other staffof a juridical person or person has committed an act of violation listedin the following items with respect to the business activities of eitherthe juridical person or person(s) concerned, the violator shall be punished;in addition, the juridical person concerned shall be guilty of an offenseand liable to a fine specified in each item, and the person shall be punishedwith the fine of the applicable article.

i) Article 181: Fine not exceeding onehundred million yen
ii) Article 177 through Article 188 (except Article180, Article 181, Article 183 and Article 184): Fine under the applicablearticle


Article 191.
Any person who falls under any of the followingitems shall be liable to a non-penal fine not exceeding one million yen. However, when punishment is to be imposed for said act, this shall notapply.

i)  Any person who has violatedthe provisions of Article 24
ii)  Any person who has failed to publishor has made a false report in violation of the provisions of Article 30paragraph (5) or Article 33 paragraph (13)
iii)  Any person who has been an interlockingofficer in violation of the provisions of Article 31 paragraph (1)


Article 192.
Any person who falls under any of the followingitems shall be liable to a non-penal fine not exceeding three hundred thousandyen.

i)  Any person who has failed tosubmit a notification or has submitted a false notification in violationof the provisions of Article 63 paragraph (5)
ii) Any person who has failed to submit a notificationor has submitted a false notification in violation of the provisions ofArticle 90 paragraph (2)
iii)  Any person who has failed to retainfinancial statements, etc., has failed to enter the matters to be enteredin financial statements, etc. or has made false entries in violation ofthe provisions of Article 95 paragraph (1), or has refused without duereason a request of paragraph (2) of the same article


Article 193.
Any person who falls under any of the followingitems shall be liable to a non-penal fine not exceeding one hundred thousandyen:

i)  Any person who has failed tosubmit a notification under the provisions of Article 13 paragraph (4),Article 16 paragraph (2) or Article 18 paragraph (2), or has submitteda false notification
ii)  Any person who has failed without duereason to return a chief telecommunications engineer's license or installationtechnician's license in violation of the order in accordance with the provisionsof Article 47 (including the cases where Article 47 shall apply, mutatismutandis, in Article 72 paragraph (2))
iii)  Any person who has violated the provisionsof Article 141 paragraph (3)


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