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(영문) 창원지방법원 2018.09.05 2018고단1666
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Summary of Evidence

The Defendant is a person who operated a lending brokerage company under the trade name of “C” while residing in the former B, 103 Dong 906, the Changwon-si.

No person who transmits advertising information for profit by using an electronic transmission medium shall take measures to conceal the identity of the sender of advertising information or the source of advertising transmission.

However, from October 2017 to March 2018, the Defendant assumes the name of “CT Bank” or “SC Day Bank” in order to conceal the identity or the source of advertisement transmission within the above dwelling area and the vehicle. On the other hand, the Defendant sent approximately 10,000 notice of loans, which is advertising information for profit, via Internet facsimile transmission site, about about 20 times ( approximately 500 items, once transmitted) via Internet facsimile transmission site.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Data from the Korean Institute of Internet Promotion;

1. Photographs received in writing;

1. Application of Acts and subordinate statutes on the screen of inquiries about integrated inquiry services by registered loan companies;

1. Article 74 (1) 4 and Article 50 (5) 4 of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, etc., concerning facts constituting an offense, the relevant Article of the Act and Articles 74 (1) 4 and 50 (5) 4 of the Act on Promotion

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, including the detention in the workhouse, was that the defendant repents and reflects his mistake in depth, there are some circumstances to consider the motive and background leading to the instant crime, the defendant has no other criminal history except for a fine imposed once due to drinking driving, and other various conditions of sentencing as shown in the records and arguments, including the period and scale of the instant crime, following the crime, the circumstances after the crime, the defendant's age, sexual behavior, intelligence, environment, etc., were comprehensively taken into account.

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