2017 Highest 79 Violation of Telecommunications Business Act

A 85, South

Class 5 (Public Trial) (Public Prosecutions) and Embry (Public Trial)

Attorney B (Korean National Assembly)

June 15, 2017

A defendant shall be punished by imprisonment for not more than ten months.

Criminal History Co., Ltd is a person who has become aged and older, and has obtained a copy, etc. of a passport issued by a foreigner in an influence, and provides it to the purchasers of the whole country (the so-called 'largephone') by means of high-speed bus service, etc., in which information on subscribers of the opened largephones is stored, and sells the so-called 'large-line chip (the so-called 'large-line chip'), to buyers of the nation. D is a person who delivers large-line chip sales books or large-line chip buyers, etc. opened in accordance with C's instructions, while operating Kwikset, in lieu of the large-line sales books, the person who delivers large-line chip to buyers or sells it directly, and the defendant up the Internet to the order or demand the users to purchase the large or large-line sales advertisements, etc.

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 2015, the Defendant: (a) sent orders from a purchaser of largephones via an advertisement for sales of largephones posted by the Defendant on the Internet to C; (b) sold to 90,00 won via Kwikkset services by misappropriation of the names of YNG*********; and (c) sold 66 large sum of 16 large sum of 10,000 won as indicated in the [Attachment Table 1] in E, name-free-si-si-si-si (U.S.) purchase and sale of large sum of 26 large sum of 66 large sum of 10,00 won to E, name-free-si-si, name-free Seoul, purchase and sale of large sum 1 to 98,00 won in real estate, name-free sales business entity, name-free Seoul.

Ultimately, the Defendant conspired with C, D, etc. to provide telecommunications services provided by telecommunications business operators for the purpose of telecommunications.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each police interrogation protocol of E or D;

1. A copy of photographs of mobile phones, data on analysis of evidence of mobile phones in possession, and a copy of a core photograph;

Application of Statutes

1. Article applicable to criminal facts;

Article 97 Subparag. 7 and Article 30 of the Telecommunications Business Act, and Article 30(1) of the Criminal Act are attached to the list of crime sights Nos. 2 and 63 attached to the indictment. The revised list of crime sights, different from the telephone numbers indicated in the evidence of this case, was attached to the revised list of crimes.

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

[Reasons for Sentencing] In full view of the records and arguments, such as the fact that the instant crime was committed again during the suspension period of the same execution, the general preventive approach, the degree of participation and role, reflective attitude, circumstances leading to the crime, etc., taking into account the fact that large or largephones are abused most of the crimes, the punishment as ordered shall be determined by taking into account the factors unfavorable to or favorable to the Defendant.

Judges Shin Shin-young