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(영문) 전주지방법원군산지원 2020.12.02 2020고단1440

전기통신사업법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

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.

Nevertheless, on April 10, 2020, the Defendant received a proposal from the name-free chip purchaser who reported and contacted advertising writing for the purchase of the core chip through the name-free chip search from the Defendant’s house B on April 10, 2020, and submitted a proposal that “the Defendant will bring KRW 20,000 won on the opening of the core chip to use by opening the core chip,” and on April 20, 2020, sent documents necessary for opening of the cell phone, such as identification card, photograph, application for subscription, etc. to an indive agent designated by the purchaser on April 20, 200, and sold one core chip connected to the mobile phone number F opened in the “E” to the purchaser from that time.

4. By 27. A total of eight core chips, as shown in the annexed List of Offenses, were sold.

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

Summary of Evidence

1. A defendant's legal statement G, H, I, and written statement prepared by the J;

1. Application of Acts and subordinate statutes to each petition, each detailed statement of deposits, etc., the data on the current status of subscription to mobile phones in the name of attached suspect A from sunrise to sunrise, reply data, correspondence data meeting, complaint book, and text dialogue;

1. Article 97 Subparag. 7 and the main sentence of Article 30 of the former Telecommunications Business Act (amended by Act No. 17352, Jun. 9, 2020);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 of the Criminal Act shall not be minor in light of the circumstances and details of the crimes), such as reflectability of

1. Social service order under Article 62-2 of the Criminal Act;