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(영문) 서울중앙지방법원 2020.03.25 2020고단49

전기통신사업법위반

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 16, 2016, the Defendant was sentenced to two years of imprisonment in the Daegu District Court for fraud, etc., and completed the execution of the sentence in the Ansan Prison on May 27, 2017.

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, around March 29, 2019, the Defendant opened a cell phone conviction card (AM) in the name of the said AJ through K (the present AL) using personal information, such as the name, resident registration number, etc. of the AJ, which was provided by the non-member of the AJ in the name of the Defendant, at around March 29, 2019, after receiving 6-70,000 won from the non-member of the PP to the non-member of the PP in the name of the PP, and thereafter selling it from that time.

5. From around 20.0 to around 20.0.0, a total of 105 prepaid mobile phone conviction cards was opened, and around that time, a total of 105 prepaid mobile phone conviction cards was sold upon receipt of KRW 6-70,000 per dog from the Gyeong-si, Chungcheongnam-si, and through N, AO, etc.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for the use of others.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of DNA and AO;

1. Investigative report (A's pocket photographs attached), pocket book photographs;

1. Investigation report (verification of a user of an open prepaid card);

1. AC response data, AL response data, and AP response data;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, judgments, and confinement status;

1. Article 97 subparagraph 7 of the Telecommunications Business Act and the main sentence of Article 30 of the same Act concerning criminal facts;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes is that the defendant recommits each of the crimes of this case during the period of repeated crimes, and the method of such crimes is professional.