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(영문) 대전지방법원 천안지원 2020.06.08 2019고단2076
전기통신사업법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for 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 a third party's communications.

On March 1, 2019, the Defendant received a proposal that “The Defendant will pay KRW 5 million to a person who has registered his name in the name of the party and transferred his name by opening a telephone.”

On the 25th day of the same month, the Defendant registered the business of electronic commerce with the trade name of “B” in the Cheongcheon-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongcheon-gu, and 14-30, the Defendant: (a) taken photographs of the documents related to the application for opening telephone, the business registration certificate, and the resident registration certificate; and (b) sent the documents to the person under whose name the person under whose name the person under whose name the name was not paid was not paid, on April 1, 2019, used 10 telephone numbers as indicated in the separate statement.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement and a petition prepared in C;

1. Official receipt (Dbank), personal financial transactions (including deposits), and report on an accident;

1. Details of inquiries into user information;

1. Copy of the business registration certificate (B);

1. Investigation report (a copy of business registration certificate, 100 telephone numbers shall be attached);

1. Details of 100 telephone numbers, such as E;

1. Application of Acts and subordinate statutes to report internal death;

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

2. Articles 40 and 50 of the Criminal Act for the commercial concurrent crimes;

3. Selection of sentence of alternative imprisonment;

4. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences by law: Imprisonment with prison labor for not more than one year;

2. Non-application of the sentencing criteria: The sentencing criteria are not prepared for violations of the Telecommunications Business Act; and

3. The Defendant has another person use a telephone line in return for a proposal for a sentence.

These actions are used for other crimes that are planned and organized, such as singishing, etc.

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