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(영문) 수원지방법원 안양지원 2020.03.19 2019고단2465

전기통신사업법위반

Text

A defendant shall be punished by imprisonment for six 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

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 defendant's prior convictions (USIM and identification cards of criminal subscribers) were distributed from his name-free persons, and he was offered to offer KRW 30,000 per day per week.

At around 17:00 on September 23, 2019, the Defendant sent 32 hearts opened in the name of another person as shown in the list of crimes in the attached Table to Kwikset Service Articles sent from Kwikset Service Articles, 495, the Defendant provided, at around 16:40 on September 24, 2019, one core (number: E., serial number:F.) opened in the name of D from the first floor of the building C located in Ansan-gu, Mayang-si, Mayang-si, and at around 16:40 on September 24, 2019, one core (number: H., serial number: I) opened in the name of G, and one core (number: L., serial number: L.) opened in the name of J, and one core (number) opened in the name of M, which was requested by the buyer.

Accordingly, the defendant provided a third party's telecommunications service in collusion with a person who is not the party's name.

Summary of Evidence

1. Defendant's legal statement;

1. Each internal investigation report and investigation report (Nos. 8, 10, 12, 15, 17, and 32 in order);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 97 subparagraph 7 of the Telecommunications Business Act, the main sentence of Article 30, and Article 30 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (Consideration of favorable circumstances for sentencing following the suspension of execution)

1. Article 62-2 (1) of the Criminal Act regarding community service order;

1. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Criminal Act is a case where the defendant committed the crime of this case with a promise to pay from the person who was not the party in whose name the defendant had been provided with a number of core chips under another person's name and was changed to the core chips