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(영문) 부산지방법원 2020.11.06 2020고단2230

전기통신사업법위반

Text

A defendant shall be punished by imprisonment for not less than eight 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 person may intermediate a third party's communications or provide it for a third party's communications using telecommunications services provided by a telecommunications business operator.

Nevertheless, the Defendant, at around November 2019, proposed that “a corporate business operator may open an Internet phone, with a high credit rating on the high seas level, and make loans available at the end of November 2019 and around November 15, 2019, via a total of 73 Internet telephones, as shown in the annexed Crime List, as shown in the annexed Table, around two times on November 15, 2019. The Defendant used the connected telephone phone to deliver it from the offline to the Incheon Terminal, using high-speed bus bus service to the offline, and let the offline use it.

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

Summary of Evidence

1. One copy of the defendant's written petition in court statement B, personal information of the representative of the corporation and the application of Acts and subordinate statutes on subscription goods;

1. Article 97 subparagraph 7 of the Telecommunications Business Act and Articles 97 and 30 of the same Act concerning criminal facts and the selection of punishment, and the selection of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, each of the crimes in this case is highly likely to be misused for various crimes, such as telephone equipment, scam, etc., and its social risks are high, actual use of telephone equipment provided by the defendant for crime, the number of telephone equipment provided by the defendant for communication is large, on the other hand, the defendant confessions and reflects each of the crimes in this case, and the defendant has no same power.