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(영문) 춘천지방법원 2019.03.14 2018고단1243

전기통신사업법위반

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

Defendant of the evidence of seizure Nos. 4 through 11.

Reasons

Punishment of the crime

Defendants are related persons, and Defendant B is a person who operates a human resources office against Chinese people in Jung-gu Incheon Metropolitan City.

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, the Defendants: (a) opened a prior chip to the passport holders via E using the aforementioned passport to operate a human resources office and intended to sell the passport pictures to unspecified Chinese people who find the place; (b) opened a prior chip to the passport holders via E using the aforementioned passport pictures; and (c) opened a prior chip to the passport holders; and (d) offered to sell the passport pictures in return for money.

Accordingly, around August 20, 2018, Defendant B presented G’s passport pictures in Jung-gu Incheon Metropolitan City F, and sent them to Defendant A via H in the name of G. On August 21, 2018, Defendant A sold and provided Kwikset chips to I through Kwikset Services and sold 22 prepaid chips to I by the aforementioned method from August 20, 2018 to September 10, 2018.

As a result, the Defendants conspired to provide the telecommunications service provided by the telecommunications business operator for another's communication.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. Statement of the police statement to J (two times);

1. Statement of police statement to K and E;

1. An identification card used in a prepaid phone opening, application form, etc., identification of openings, documents including identification, identification of the use of hostings, investigation reports (Adjustment of the list of core chips, etc. sold by E to China), each seizure protocol and list, photographs of each seizure, investigation reports (L counterpart investigation), 8 copies of the order of the terminal Kwikset service, 2 copies of the order, investigation reports (the finance of core chips sold by A and B), and investigation reports (the finance of suspect A and B);