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(영문) 서울중앙지방법원 2020.01.30 2019고단6682

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, at the residence of the Defendant located in Gwanak-gu in Seoul Special Metropolitan City on October 27, 2018, prepared documents necessary for the opening of the core chip, which is required to carry a mobilephone, through C through the proposal, and consented to the opening of the core chip, and then sent the Defendant’s identification card and the opening pledge to the person who is not his name, and then sent it to the person who is not his name. On October 27, 2018, the Defendant was paid KRW 20,000 in return.

Accordingly, the defendant provided telecommunications service for another person's communication.

Summary of Evidence

1. Defendant's legal statement;

1. Response to communications data (Order 14 in list of evidence);

1. Investigation report ( telephone conversations between D and foreign telecommunications business entities);

1. Investigation report ( telephone conversations for confirmation of crime scene);

1. Application of Acts and subordinate statutes to investigation reports (E subscriber information);

1. Article 97 subparagraph 7 of the relevant Act and the main sentence of Article 30 of the former Telecommunications Business Act (wholly amended by Act No. 16019, Dec. 24, 2018);

1. Article 62 (1) of the Criminal Act;

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The following facts: (a) the Defendant committed a crime during the suspended execution period for another crime; (b) the Defendant committed a crime under the judgment during the suspended execution period for the use of computers, etc.; (c) one time as an insurance fraud crime; and (d) twice as a fraud by the use of computers, etc.; and (c) the Defendant committed a crime under the judgment during the suspended execution period for the use of computers, etc.; and (d) the Defendant committed a crime under the Electronic Financial Transactions Act.