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(영문) 수원지방법원 2020.03.31 2019고단3059
전기통신사업법위반
Text

A defendant shall be punished by imprisonment for six months.

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, around February 26, 2019, the Defendant applied for membership in the Internet telephone in the name of business operator, F, Co., Ltd., Ltd., in the name of Dongwon B building C in Gyeonggi-si, Gyeonggi-si, and opened 47 Internet telephone lines, such as telephone numbers, as indicated in the list of crimes in the attached Table of crimes, including “G,” and sent 47 Internet telephone lines to China through Kwikwikset service engineers, and accordingly, sent the above 47 telephone lines to the officers of telephone financial fraud in the name of China through Bokkset, thereby allowing them to use them for communications.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Business registration certificate (F) photographs;

1. The defendant asserts to the effect that the defendant did not have an intention to commit a crime of violating the Telecommunications Business Act only because he received a daily allowance from H and made it possible to do so. However, in light of the following circumstances acknowledged by the above evidence, the defendant prepared a lease contract for the office with I found to obtain a loan, issued a business registration certificate under the name of E, and then opened a franchise in an empty office and opened an Internet telephone, and the defendant also stated in the investigative agency that "the defendant was aware that he would install an Internet telephone in the pertinent business name at the time of applying for registration of business under the name of E, and that he would not use the future Internet telephone in the name of the pertinent business operator at the time of applying for registration of business under the name of E, it is sufficiently recognized that the defendant had an intention to commit the crime of this case."

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