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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to Defendant A’s (i) as to the violation of the Information and Communications Network Act (information and communications network infringement) in the 296 order of 2016 senior group, the Defendant did not have access to the NAV by using the victim’s NAV ID.
With regard to the violation of telecommunications business law 2017 high group 218 high group, the defendant made a transaction only through his customer. Since the crime sight table (6) Nos. 47 is written as "non-standing", the defendant cannot be viewed as having made a transaction.
Nevertheless, the court below found all the charges of this case guilty, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.
The sentence sentenced by the court below (two years of imprisonment and confiscation) is too unreasonable.
나. 피고인 B ⑴ 사실 오인 내지 법리 오해 ㈎ 2017 고단 556 사기의 점과 관련하여 AC은 피고인이 휴대전화를 불법적인 방법으로 판매하고 있고, 선 출고된 휴대전화가 미 개통될 수 있다는 사실을 잘 알았기 때문에 피고인의 기망행위로 인하여 착오를 일으켰다거나 이로 인한 처분행위가 있었다고
It is difficult to see it.
The defendant had no intention to commit fraud because he had a general intention at the time of receiving the mobile phone from AC.
Since the mobile phone sales structure should be the victim of the victim, it is not right to make the victim a dump dump corporation (hereinafter referred to as "dump dumumump").
On the other hand, the mobile phone that the defendant received from AC is less than 20.
Nevertheless, the court below found all the charges of this case guilty, and there is an error of law by misunderstanding facts or by misunderstanding legal principles, which affected the conclusion of the judgment.
㈏ 2016 고단 1605 및 2017 고단 218 전기통신 사업법위반의 점과 관련하여 검사는 2016 고단 1605의 전기통신 사업법위반의...