전기통신사업법위반등
The judgment below
Part of the Telecommunications Business Act is reversed.
The defendant shall be held.
1. The lower court’s punishment on the part of the violation of the Telecommunications Business Act (the fine of KRW 30,000,000 per day), when considering the various circumstances against the Defendant in light of the summary of the grounds for appeal, is too unreasonable.
2. In light of the legislative purport of the Telecommunications Business Act that prohibits the call number change service, as a matter of principle, and the fact that there is a significant social harm caused by the instant crime, such as the occurrence of a large number of victims due to the Defendant’s use of the call number changed in the broadcast, etc., the Defendant shall be punished corresponding thereto.
However, in full view of all the sentencing conditions stipulated in Article 51 of the Criminal Act, including the fact that the defendant acknowledges and reflects the crime of this case, the defendant did not have the same criminal record, the period and scale of the crime of this case, the degree of profit of the defendant, the motive and circumstance of the crime, and the circumstances after the crime, etc., it is somewhat unreasonable for the court below to determine the amount of custody for conversion to the defendant as KRW 50,000 per day, while sentencing a fine of KRW 30,000,000, because it reaches a maximum of 60 days for the detention period in the workhouse, and thus, the defendant'
3. If so, the defendant's appeal is with merit. Accordingly, pursuant to Article 364 (6) of the Criminal Procedure Act, the part of the judgment below which violated the Telecommunications Business Act shall be reversed, and the following decision shall be rendered again
Criminal facts
The summary of the evidence and criminal facts in violation of the Telecommunications Business Act and the summary of the evidence of the defendant, recognized by the court, are the same as the stated in each corresponding column of the judgment of the court below.
Application of Statutes
1. Article 10 subparagraph 2 of the Telecommunications Business Act, Article 84 (4) of the same Act, and Article 30 of the Criminal Act, comprehensively including the relevant legal provisions on criminal facts;
1. Articles 70 and 69 (2) of the Criminal Act (amount of money to be converted to a kindergarten: 150,000 won per day);
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;