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(영문) 대구지방법원 2020.06.11 2020고단1292
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.

Nevertheless, on November 8, 2019, the Defendant, upon receiving a proposal from the person under whose name the Defendant was using B’s agent as a patrolman, should first give a loan, and the work to enhance credit should be done to enhance credit. If a large number of Internet telephone calls are opened, the amount of loan is increased, and the loan interest rate is lowered, after accepting the proposal, the Defendant provided telecommunications services provided by the telecommunications business operator for the purpose of communications by opening the Defendant’s E company’s phone number in the name of the Defendant in Daegu-gu, Daegu-gu, and D around November 8, 2019, including by opening the Defendant Company F phone number in the name of the Defendant in a total of 78 times from November 14, 2019, including by opening the phone number in the name of the Defendant, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A copy of the Kakao Stockholm conversation content, lease contract and business registration certificate bound on the suspect examination protocol;

1. Application of Acts and subordinate statutes, such as the current status of commodities subscribed;

1. Article 97 of the Telecommunications Business Act and Articles 97 and 30 of the same Act concerning criminal facts and the selection of punishment;

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the suspended sentence shall be determined by taking into account the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the argument of this case.

D. Unfavorable circumstances: The call provided as the instant case was used for committing the singing fraud, and the number of the calls opened is more than 78 times more favorable: The fact that the crime is recognized, and that there is no history of criminal punishment.

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