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(영문) 인천지방법원 2021.03.24 2020고단1385

전기통신사업법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year 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 communications of a third party.

Nevertheless, while the Defendant was aware of a loan on the Internet around October 2019, the Defendant was able to borrow a loan from the nameless person to 20,000 to 30,000 won on the face of the opening of the Internet telephone system through the registration of the corporation.

Internet telephoneer will provide KRW 200,000 per unit.

Upon receipt of a proposal to the effect that “B” was a trade name “B” in the name of the Defendant around that time, and around November 1, 2019, the Defendant opened the Internet phone in the name of Defendant C, including the opening of the Internet phone in the name of Defendant C, and sent a name-free person who was found before “B Gyeyang-gu Incheon E-B,” around 10:00 on November 2, 2019, as indicated in the following crime sight table.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for the purpose of telecommunications.

On October 30, 2019, 1 CD 201, October 30, 2019, the summary of the evidence held on October 30, 2019: “On October 30, 2019, 3 G 2019, 4 H 5 I on October 30, 2019, 4 H 5 I on October 30, 2019, 6 J 6’s " October 30, 2019 7 K on October 30, 2019 8 L L 20 on October 30, 2019, 9 M 9, or on October 30, 2019.

1. A protocol concerning the examination of the police officers against theO of the defendant's legal statement;

1. Each investigation report (the No. 6, 16 of the evidence list) in the police statement protocol against P and evidence attached thereto;

1. Application of Acts and subordinate statutes to inquiries about communications data;

1. Article 97 subparagraph 7 of the Telecommunications Business Act and Article 30 of the same Act concerning criminal facts;

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. The reasons for sentencing under Article 62(1) of the Criminal Act, including the following circumstances, shall be considered to determine the sentence as ordered in light of the sentencing conditions under Article 51 of the Criminal Act.

- up to the registration of a business operator, 10 Internet telephones were concentrated and provided for another person’s communications.