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(영문) 대전지방법원 천안지원 2018.09.04 2018고정559

전기통신사업법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

During the process of recognizing Internet loans, the Defendant: (a) reported the advertisement on the “in-house relief” (the method of opening and selling the mobile phone on condition of financing, other than the purpose of using the mobile phone service); and (b) consulted with the needy party; and (c) heard the types of the mobile phone needed from the Telecommunication Book B, meri, color, etc. of the mobile phone; and (d) opened Aphone 7 (D) from the mutual in-house mobile phone sales store located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu; and (b) provided the telecommunications business operator for telecommunications services by receiving KRW 600,000,000 in the name of the Defendant’s association account; and (c) provided the telecommunications business operator for the purpose of telecommunications services.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect against H, B, I, and J;

1. Application of Acts and subordinate statutes to a list of suspected suspicions of internal remedy related to H (82 persons), and a report on investigation (a criminal suspect A);

1. Article 97 subparagraph 7 and Article 30 of the Telecommunications Business Act concerning facts constituting a crime and Article 97 of the same Act concerning the selection of punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is to recognize and reflect the Defendant’s mistake as the primary offender.

It seems that the economic situation is not sufficient.

However, there is a high need for punishment in that the crime of this case is likely to lead to other crimes.

The Defendant acquired the benefit of KRW 600,000 in the instant case.

In addition to this, the defendant's age, sex, environment, circumstances of crime, and circumstances revealed in the trial process shall be determined as follows.