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(영문) 대전지방법원 천안지원 2018.11.30 2018고단2297
전기통신사업법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, around May 2018, at the end of Asan City’s “D Beauty Room” in the Defendant’s operation of Asan City, would make a phone call from a person without his/her name to a 300,000 won per line, if he/she transferred the phone after opening the phone.

Upon receipt of the proposal to the effect that “the Defendant’s resident registration number, account number, etc. necessary for opening a phone call shall be notified to the person without a name, and the person without a name shall open 12 lines (E, F, G, H, I, J (at least Lel), K, L, M, N,O, P (at least L) of the Internet phone in the name of the Defendant, and then shall be sent to the staff who sent out the phone name from each communication company and sent the phone name which he visited and installed at each communication company, and in return, the telecommunications service provided by the telecommunications business operator upon receiving five million won from the Nong Bank account in the name of the Defendant for the purpose of communications of others.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to Q Q;

1. A report on internal investigation (to attach a detailed statement of the transaction linked to the withdrawal of Daegu Bank under the victim's name);

1. A investigation report (to attach details of data for each radio operator sent through A);

1. Details of text;

1. Details of Kakao Stockholm dialogue;

1. A certificate verifying subscription to the Internet telephone system;

1. Application of Acts and subordinate statutes on a copy of passbook;

1. Article 97 subparagraph 7 of the Telecommunications Business Act and Article 30 of the same Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order had reached 12 lines in which the Defendant provided telecommunications services provided by telecommunications business operators for another’s communications, and some of them were used for the actual fraud crime.

The Defendant obtained the benefit of an amount that is not certain as a result of the instant crime.

However, the defendant recognizes his wrongness.

The Defendant had no record of punishment prior to the instant case.

In addition to these circumstances, the defendant's age, sex, environment, motive and consequence of the crime.

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