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(영문) 수원지방법원 2020.02.04 2019고단6925

전기통신사업법위반

Text

[Defendant A] The defendant shall be punished by imprisonment for ten months.

[Defendant B] The defendant shall be punished by imprisonment for six months.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

A is a person who operates a communications agency with the trade name "E" in the building C in the Gangnam-gu Seoul Special Metropolitan City, Y, and the defendant B is an employee of the above communications agency.

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 February 18, 2019, the Defendants established a disguised agency "E" for the opening of a presidential hearing at the above "E" office; opened a passport from an Internet passport seller for the price of 50,000 won per passport; opened a presidential hearing to distribute it to criminal organizations, such as telephone financial fraud using a presidential hearing through F, G, H, etc.; according to such a public offering, the Defendants opened the first presidential hearing of the I’s name and sold it to F, G, H, etc. for the price of 10 to 150,000 won per line from March 20, 2019; and sold it to F, G, and H, etc. for the payment of 10 to 150,000 won per line from March 20, 2019.

As a result, the Defendants conspired to intermediate another person’s communication through telecommunications services provided by telecommunications business operators or provided it for another person’s communication.

Summary of Evidence

1. Defendants’ respective legal statements

1. Copies of each police interrogation protocol against F, G, and H;

1. The police statement concerning G;

1. A financial transaction statement (E);

1. Application of the Act and subordinate statutes to investigation reports (the confirmation of the case used for the crime of singing, which is open to “E”)

1. Defendants: Article 97 Subparag. 7 and Article 30 of the Telecommunications Business Act; Article 30 of the Criminal Act; Articles 30 and 30 of the Criminal Act; the choice of imprisonment

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendant B: Article 62 (1) of the Criminal Act;

1. Order of community service;