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(영문) 울산지방법원 2020.06.05 2019고단3721

전기통신사업법위반등

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 person of "2019 Highest3721" shall intermediate a third party's communications through telecommunications services provided by a telecommunications business operator or provide such services for a third party's communications.

Nevertheless, on May 10, 2019, the Defendant received a proposal from a person without his name to “to give 20,000 won per pre-paid, if he had the pre-paid mind open in his name,” and then sent a photograph of his identification card and a written open pledge, etc. in accordance with the instructions of the person without his name through the Kakakao Stockholm on the same day, and had the Defendant open six cell phone lines (BC, DE, FG, HI, and other two lines) under the name of the Defendant around that time.

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

On October 16, 2019, the Defendant made a false statement to the effect that “Islopia sells sloperer or beer North proneo by contact with the victim J at a place where it is difficult to know the place on or around October 16, 2019.” The Defendant sent money to the effect that “Islopia will deliver sloper or beer.”

However, even if the defendant receives the payment from the victim, he did not have an intention or ability to deliver the goods as agreed to by the victim.

The Defendant was transferred from the victim to the account of community credit cooperatives (K) in the name of the Defendant, as the price for goods, KRW 410,000 on October 17, 2019, and KRW 830,000 on October 20, 2019.

Accordingly, the defendant was given property by deceiving the victim.

On October 14, 2019, the Defendant sent a false statement to the victim M who reported and contacted the above writing to sell 400,000 won to him/her.

However, even if the defendant receives the price of goods from the victim, he did not have the intention or ability to sell the new goods.

The Defendant is as above.