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(영문) 대구지방법원 김천지원 2020.04.28 2020고단22

전기통신사업법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

B is a person who operates a "D" mobile phone agency in the Gu and America, and E was in charge of the management of the above agency, and the defendant worked for the above agency as an employee.

No person shall recommend or mediate a contract for the provision of telecommunications services necessary for the use of a mobile communications terminal on condition that he/she provides funds, or intermediate any other person's communications using telecommunications services provided by a telecommunications business operator or provide such services

Around February 13, 2019, the Defendant proposed that “F will pay KRW 20,000 won on the face of the week by opening a pre-paid trial” in accordance with the direction of B and E at the above agency, and that “F will pay KRW 20,000 on the face of the week by opening the pre-paid one in F’s name.”

Accordingly, in collusion with B and E, the Defendant solicited the above pre-paid-paid-paid-paid-paid-paid-paid-paid-paid-paid-paid-paid-paid-paid-paid-paid-paid-paid-paid-paid-

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of H;

1. Statement of the police officer to I;

1. Application of the Kakao Stockholm message legislation

1. Relevant laws regarding criminal facts, subparagraph 3 of Article 95-2, Article 32-4 (1) 2 of the Telecommunications Business Act, Article 30 of the Criminal Act, Article 97 Subparag. 7 and Article 30 of the Telecommunications Business Act, Article 30 of the Criminal Act, Article 30 of the Criminal Act, and selection of imprisonment for each of the types of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of probation and community service order is to be recommended by a contract and to be provided for another person’s communication, and the Defendant had the record of criminal punishment of a fine of three million won for the same kind of crime in 2018, and the background leading up to the participation in the instant crime and the participation in the instant crime.