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(영문) 대구지방법원 2015.09.25 2014고합646

정보통신망이용촉진및정보보호등에관한법률위반

Text

Defendant

In two years of imprisonment for A and B, Defendant C, D, E, and F shall be punished by imprisonment for 6 months, and Defendant Scomcom.

Reasons

Punishment of the crime

1. Basic facts

A. Defendant Scom Telecom Co., Ltd. (hereinafter “Defendant Company”) entered into a contract with R Co., Ltd. on April 7, 2008 on the commission of prepaid phone (the name of its agency is “S”; hereinafter “S agency”) and the prepaid phone agency (the name of its agency is “U”; hereinafter “U agency”) around April 2007; on consignment agency (the name of its agency is “W”; hereinafter “W agency”); on around 2007, V Co., Ltd. and prepaid phone consignment agency (the name of its agency is “W”; hereinafter “W agency”); around May 14, 2008, X and prepaid phone consignment agency (the agent’s name is “Y”; hereinafter “Y agency”) entered into a contract; and around May 14, 2008, they entrusted these agencies with prepaid phone (the name of its agency’s agent’s name is “Y”; hereinafter “Sphone”) and entrusted them with the affairs of pre-paid phone (the sales of pre-paid, etc.”).

B. The Defendants and related persons are corporations established for the purpose of information and communications business around March 29, 1984.

Defendant

A From January 2010 to December 2013, and from January 2014 to August 2014, Defendant B performed the duties of the Defendant Company as the head of the Z Team of the Defendant Company; from January 2014 to August 2014, A took charge of the duties related to the prepaid phone; from January 2008 to August 201, AB; from September 201, to October 201, AB; from November 201, 201 to January 201, AC; from February 2013, 2013 to January 201, 2013; from February 201, 2013 to April 2014; from May 2014 to May 20, 2014 to the entrustment of the duties of the aforementioned Z from the head of the pre-paid team to the management team manager’s instructions.

Defendant

C, from around 2008 to August 12, 2014, performed the duties of care of the team members of the opening team in succession to the employees of AG, AH and AI.