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(영문) 서울중앙지방법원 2020.05.20 2020고단2377
전기통신사업법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

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, around July 21, 2019, the Defendant opened the PC in the BN University located in Gyeonggi-si, through the Internet search, and opened the 30,000 won fee per page. The Defendant directly prepared and sent an application for the purchase of a mobile phone delivered by a person who was not his/her name and sent the application for the purchase of a mobile phone, and then sent 30,000 won to Q bank account under the name of the Defendant.

As a result, the Defendant’s provision of telecommunications services provided by telecommunications business operators for another’s communications use, and the Defendant’s correction of “T” Nos. 4 and 9 of the annexed crime sight table among the facts charged in this part of the annexed crime list as “U”.

The telecommunications service provided by the telecommunications business operator at least nine times in total from that time to August 27, 2019 was provided for another person’s telecommunications service.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. A written petition and a written statement of the S Preparation;

1. Application of Acts and subordinate statutes to the investigation report (the confirmation of the opening number in the name of the suspect, No. 18 of the evidence list), investigation report (the phone number in the name of the suspect, the addition of the phone number in the name of the suspect, 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 Code of Trade Competition (the respective telecommunications business violations of the Telecommunications Business Act as of August 27, 2019).

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the Defendant’s crime of this case with reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act may result in abuse as a means of other crimes, such as singishing fraud, etc.

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