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(영문) 부산지방법원 2019.06.10 2018고단5739

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등

Text

Defendant

A and C shall be punished by imprisonment for six months, and by imprisonment for four months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

[Criminal Power] On June 21, 2018, Defendant A was sentenced to 6 months of imprisonment with prison labor for special larceny in the Dong branch of the Busan District Court and 2 years of suspended execution, and the judgment became final and conclusive on the 29th of the same month.

Defendant

B On June 21, 2018, the same court was sentenced to 6 months of imprisonment and 300,000 won of fine due to special larceny, etc. and the judgment became final and conclusive on October 20 of the same year.

【Criminal Facts】

1. Although the Defendants’ persons in violation of the Telecommunications Business Act were prohibited from mediating another’s communications or providing it for another’s communications using the telecommunications services provided by the telecommunications business operator, the Defendants conspired to distribute one-name “one-name phone” in a way that sells a mobile phone immediately after opening the mobile phone and takes part of the price.

At around 15:00 on August 19, 2017, the Defendants opened a mobile phone with “E” mobile phone in the name of Defendant A and transferred the said mobile phone to the said agency with cash 50,000 won.

B. On August 20, 2017, around 15:00, the Defendants opened “G” near the Busan Singu, Busan, and transferred KRW 6.90,00 to the Defendant’s I bank account after opening the “H” mobile phone in the name of the Defendant A, and transferred the said mobile phone to the said agency.

As a result, the Defendants conspired to provide telecommunications services provided by telecommunications business operators for the purpose of telecommunications by others.

2. While Defendant A and C’s special Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using a communication medium) did not bring about the usual conduct of the Pyeongtaek-gu J on July 24, 2017, Defendant C called “Seong-gu B” on July 24, 2017 and came to know that B was in the same manner with J and Defendant A, Defendant C left his office in Busan-gu K.

Defendant

C At around 16:00, the mobile phone of the J, which is held by the defendant A, who does not bring theJ to the same way that he was himself.