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(영문) 인천지방법원 2019.09.06 2019고정410

전기통신사업법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 24, 2018, the Defendant was sentenced to two years of suspension of execution on August 1, 2018 by imprisonment with prison labor for violating the Punishment of Violences, etc. Act (joint confinement) at the Incheon District Court, and the judgment became final and conclusive on November 1, 2018.

No person shall intermediate another person's communications or provide it for another person's communications using telecommunications services provided by a telecommunications business operator.

Nevertheless, on April 2017, 2017, the Defendant: (a) received money from the first patroler B, stating that “The Defendant will open the judgment of the first instance, and will give KRW 2-30,000 won per page; and (b) received money from the wounded; (c) opened the judgment of the first instance; and (d) opened the C No. 1 in the name of the Defendant, and provided it to the needy person for communication.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. Investigation report (Submission of additional data by a victim), investigation report (request for provision of communications data- telephone numbers used for criminal conduct);

1. Previous convictions: Application of the summary agreement auxiliary to the instant case agreement, the Incheon District Court Decision 2018 Height2375 of the Incheon District Court Decision, the Incheon District Court Decision 2018No2598 of the Incheon District Court Decision;

1. Article 97 of the relevant Act on Criminal Facts and Articles 97 and 30 of the Telecommunications Business Act on the Selection of Punishment, and Selection of Fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is highly likely to cause social harm and punishment in that it harms the distribution order of telecommunications services or terminal devices for mobile communications and facilitates crimes using mobile phones.

In fact, the conviction provided by the defendant was used for the crime of fraud.

However, the defendant recognized the crime of this case.

The defendant's profits acquired by the crime of this case are minor.

There is no record that the defendant has been punished for the same crime.

The defendant's age, character and conduct, family relationship, family environment, and crime are committed in the above circumstances.