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(영문) 광주지방법원순천지원 2020.10.07 2020고단1795
전기통신사업법위반
Text

[Defendant A] The defendant shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. No person may 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, on April 2020, the Defendant, in collusion with E and F, provided telecommunications services provided by telecommunications business operators for the purpose of telecommunications by way of opening 30 telephone units in the name of the Defendant, such as I representative telephone and five Internet telephone units, in the name of the Defendant, along with G buildings in Jin-si, Jin-si, Seoul, and F instructed by E, as shown in attached Table 1, such as 30 telephone units and five Internet telephone units, and delivering the phone lines to the organization of a phishing crime.

2. Defendant B

(a) No person who violates the Telecommunications Business Act 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, on June 2020, the Defendant, in collusion with E and F, established L (Representative B) Limited Liability Company, the representative of the Defendant, along with F, who received instructions from E, and F, and provided telecommunications services provided by telecommunications business operators for the purpose of communications by way of opening 64 Internet telephone machines, such as M representative telephone and 5 Internet telephone machines, in the name of the above corporation, and delivering them to the organization of the crime of singinging, using the home-based telecommunications business.

(b) No person who violates the Electronic Financial Transactions Act shall acquire or transfer a means of access used for electronic financial transactions, obtain or lend a means of access for a crime, or keep, deliver or distribute a means of access knowing that such means are to be used for such crime;

Nevertheless, around July 7, 2020, the Defendant came to know of “F” from Jinju-si to “F” before the Jinju-si branch of 1052 and IBK Bank.

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