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(영문) 수원지방법원 안산지원 2020.05.21 2019고단4828
전기통신사업법위반
Text

A defendant shall be punished by imprisonment for six months.

except that 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.

Nevertheless, on October 2019, the Defendant: (a) received a proposal from a person who assumes a false name who assumes a lending business entity at the beginning of the Seocho-si (hereinafter referred to as the “Seosan-si”); (b) and (c) received a proposal that “I would allow him/her to open an Internet phone in the name of the party,” and provided him/her with his/her identification card, etc. in the vicinity of the Dongsan-si (hereinafter referred to as the “Seosan-si”).

On October 2019, the Defendant filed an application for the establishment of an Internet telephone with the trade name “F” in accordance with subparagraph C of the building B, “D,” which is a telecommunications business operator, and “E,” and filed an application for the establishment of a total of 33 Internet telephone numbers, including G numbers, at the above place on October 18, 2019, and on October 22, 2019, installed a total of 30 Internet telephone devices, including H numbers, at the same place on the same date, so that the said non-resident may collect and use a total of 66 telephone numbers (see the attached crime list).

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for another's communications.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. The application of Acts and subordinate statutes to users' information inquiry requests made by the Chungcheong Police Station in connection with the details of transfer, the Kakakao dialogue, the details of currency, and replys to requests for investigation cooperation in relation to 2019-03794; and

1. Article 97 subparagraph 7 of the Telecommunications Business Act and the main sentence of Article 30 of the same 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. The reason for sentencing under Article 62(1) of the Criminal Act is to recognize the crime and reflect the wrongness of the defendant, the primary offender, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime.

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