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(영문) 수원지방법원 2017.10.18 2017고단3703

사기방조등

Text

A defendant shall be punished by imprisonment for three years.

Seized evidence Nos. 1 and 2 shall be confiscated from the accused.

Reasons

Punishment of the crime

The Defendant is a person who operates a separate telecommunications company with the trade name of “F Co., Ltd.” in Dongdaemun-gu Seoul Metropolitan Government E commercial building 102.

1. Violation of telecommunications business Act;

(a) No person who commits the sole crime of a defendant shall provide services that can display a false phone number of a caller for profit, such as changing the phone number of a caller;

Nevertheless, around July 1, 2015, the Defendant provided services using the phone number of 167 times in total from the day on which the phone number was changed to I, as shown in the attached Table 2016 until February 4, 2016, at the F Co., Ltd. located in Dongdaemun-gu Seoul Metropolitan Government, for the payment of KRW 78 per minute of telephone hours, to G, which cannot be used as the Internet phone number in accordance with the provisions of the Regulations on the Management of Telecommunications Numbers in Public Notice of Creation and Creation of Telecommunications Numbers in the future.

(b) No person who commits a joint crime with J (K) shall provide services that can display a false phone number of a caller for profit, such as duplicating his/her phone number;

In principle, the change of the phone number is prohibited in principle, and the legitimate grounds for changing the phone number in Article 3 of the “Public Notice on the Prevention, etc. of Damage to Users Caused by False Telephone Numbers” are exceptionally restricted (in cases of representative phone number services, telecommunications business operators can change the call number of the call number connected to the phone number of the service and indicate it to the above service phone number in the case of representative phone number services pursuant to Article 3(1)4 of the above Public Notice). Nevertheless, the Defendant entrusted business contract with an agent that around April 25, 2016, the KK Telecommunication Business Team Head J and the Defendant, as the agent of the said KK Co., Ltd., Ltd., and the Defendant, on behalf of the customer, receives a certain portion of the phone number used by the customer as a fee.