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(영문) 의정부지방법원 고양지원 2020.04.10 2020고단379
전기통신사업법위반
Text

A defendant shall be punished by imprisonment for six 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

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.

A person who is not eligible for name is an employee of the organization that distributes a name-based telecommunications-based financial fraud (i.e., the name-based financial fraud) to a criminal organization, etc., and C, the Defendant’s South-North East-born B, is a person who opened and delivered a name-based phone to the above person who was not eligible for name-based financial fraud (i.e., the name-based financial fraud).

On April 28, 2018, the Defendant received proposals from the above C, and completed the Defendant’s business registration of “E” in the name of his mother-child D, and operated the said E store from Seodaemun-gu Seoul, Seodaemun-gu, Seoul. Around April 28, 2018, the Defendant opened one pre-paid heart in the name of G in the said store, and delivered the said name to the above non-victim via the above “A” through the foregoing list of crimes, as described in the attached list of crimes, from April 28, 2018 to July 10, 2018.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators in collusion with C or a person in poor name for telecommunications.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol regarding C;

1. Investigation report (a copy of investigation report, etc. related to specification of the facts of crime) - J answer data, communications warrant execution data, and investigation reports;

1. Investigation Report (E Field Confirmation) - Application of Acts and subordinate statutes of the list of crimes (E);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is 1.

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