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(영문) 수원지방법원 2019.09.24 2019고단4132
전기통신사업법위반
Text

A defendant shall be punished by imprisonment for not less than eight 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

Around December 2018, the Defendant received a proposal from B to receive money from the Defendant, and the Defendant passed a resolution to divide the profits by setting up “C”, which is a disguised agent, to place the role of selling the name-holder’s name in the criminal organization, such as telephone and financial fraud, after soliciting the name-holder’s name-holder’s recruitment and sales advertisement on an Internet site, etc., and to divide the profits therefrom.

1. No person who has advertised a contract for the provision of telecommunications services shall solicit, arrange, mediate, or advertise a contract for the provision of telecommunications services necessary for the use of a mobile communications terminal on condition of providing or lending funds;

Nevertheless, from February 2019 to May 2019, the Defendant, along with the foregoing B, posted an advertisement, such as “I,” and “J,” using a computer at the Defendant’s residence located in Yangcheon-gu Seoul Metropolitan Government from February 2019 to May 2019, on the Internet site, such as E B, B, F B, G B, H, etc. as the name of “I,” and “J,” etc. for a small loan customer.

Accordingly, the Defendant, in collusion with the above B, advertised the contract on the provision of telecommunications services necessary for the use of mobile communication terminal devices on condition of providing or lending funds.

2. No person who has provided a third party's communications using telecommunications services may intermediate a third party's communications or provide it for a third party's communications using such telecommunications services;

Nevertheless, on March 29, 2019, the Defendant, along with the above B, is M, identification cards, pledges, photographs, etc. from L, which reported and contacted the above advertisement at the “C” office located in the Yangcheon-gu Seoul Metropolitan Government K.

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