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(영문) 광주지방법원 목포지원 2020.06.05 2019고단956
전기통신사업법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No telecommunications business operator who violates the Telecommunications Business Act may intermediate any third person's communications, or provide it for any third person's communications;

Nevertheless, on December 2018, the Defendant received a proposal from the purchaser of the portal site that “on the face of sending an identification card and a written contract for subscription to a radio operator so that he/she can open the forum,” and sent the Defendant’s identification card and a written contract for subscription to a radio operator, with a photograph of the Defendant’s identification card and a written contract for subscription to a radio operator, so that he/she can open the B number C in the name of the Defendant, and sent the same to the purchaser of the above holder in the name of the Defendant, and made the purchaser open the B number C in the name of the Defendant as shown in the attached list of crimes. The purchaser of the above fact-finding distributed the fact-finding in the name of the Defendant, and made the purchaser use for the crime of singing, etc. by distributing the fact-finding in the name of the Defendant.

Accordingly, the defendant mediated another's communication by using telecommunications services provided by telecommunications business operators.

2. On March 1, 2019, the Defendant sent 50,000 won of the cultural products right to KRW 50,000 if the Defendant sent KRW 90,000 to the victim F of the victim F of the D Building E in the Defendant’s residence at Sinsi-si.

The purpose of this article was to make a false statement.

그러나 사실은 피고인은 문화상품권을 보유하지 아니한 채 피해자로부터 돈을 받더라도 모자란 방값에 보탤 의사였을 뿐 피해자에게 문화상품권을 판매할 의사나 능력이 없었다.

The Defendant, by deceiving the victim as above, received 90,000 won from the victim’s account in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each petition, each request for the provision of communications data and replies;

1.Writtens and statements of F;

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