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(영문) 의정부지방법원 고양지원 2016.04.15 2016고단711
전기통신사업법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall intermediate a third party's communications through telecommunications services provided by a telecommunications business operator, or provide such services for communications of a third party.

Nevertheless, around March 10, 2016, the Defendant sold 6 prepaid chips opened in the name of another person on a total of four occasions from around the time to March 16, 2016, to customers, who were engaged in restaurant interior works, with two prepaid chips (numberless) opened in the name of a person whose name is unknown on the back of the Dong office in the vicinity of Songpa-gu Seoul Metropolitan City, Songpa-gu (numberless) in the name of a person, and sold six prepaid chips opened in the name of another person, such as the list of crimes in attached Table.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. List and record of seizure;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Article 97 of the relevant Act and Articles 97 and 30 of the Telecommunications Business Act concerning criminal facts as well as the selection of imprisonment;

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 62 (1) of the Criminal Act on the suspended execution;

1. Article 48 (1) 1 and 2 of the Criminal Act to be confiscated;

1. The crime of selling and distributing the so-called largephones on the grounds of sentencing under Article 48(1)2 and 48(2) of the Criminal Act is comprised of the process of the Act on Sale and Distribution of U-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

The defendant's act is very serious in society due to the distribution of chips that can be used for various crimes.

However, the number of crimes committed by the defendant, the amount of profits from the crime is relatively high, and it is difficult to see that the defendant played a leading role in the distribution of phiphones, and attitude against the defendant.

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