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(영문) 서울서부지방법원 2020.09.10 2020고단1964

전기통신사업법위반

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On October 31, 2019, the Defendant was sentenced to a suspended sentence of two years on April 3, 202 by the Seoul Western District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

Criminal facts

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.

1. On October 28, 2019, around October 23, 2019, the Defendant: (a) received a proposal from an employee of the Electronic Financial Fraud Group (hereinafter “B”) who has pretended to engage in the lending business; and (b) received the proposal, and subsequently accepted the proposal, the Defendant sent the loan to “B”; (c) opened one prepaid core (number E) at the D agency located in Eunpyeong-gu Seoul Metropolitan Government, Seoul; and (d) delivered the same name to the person who has failed to obtain the loan.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for another's communications.

2. On February 13, 2020, the Defendant: (a) received a proposal from a name-free winner (the title “FF Group G representative”) who reported and contacted online site advertisements at a place where the Defendant was not a policeman on early February 13, 2020; and (b) received a proposal from the Defendant to “to provide a loan at the opening of a cell phone;” and (c) then sent the same name-free person via a cell phone at the D agency located in Pyeongtaek-gu, Pyeongtaek-gu, Seoul; (d) around the 12th day of the same month, the Seoul Special Metropolitan City opened one cell phone (the telephone number: H) at the post office located in the same Guamam-dong.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for another's communications.

Summary of Evidence

1. Defendant's legal statement;

1. Details of text;

1. Previous records of judgment: Criminal records, investigation records, previous records of disposition, results of confirmation, and application of Acts and subordinate statutes to the written judgment;

1. Article 97 subparagraph 7 of the Telecommunications Business Act and Articles 97 and 30 of the same Act and the choice of imprisonment for a crime;

1. Article 37 of the Criminal Code for the Handling of Concurrent Crimes