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(영문) 대구지방법원 김천지원 2020.04.28 2019고단1422
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.

On December 3, 2018, the Defendant prepared for the business of manufacturing and selling healthcare drugs in the name of “C” from the 3rd floor of the Northern-gu, Northern-si, the Defendant opened 100 Internet telephones provided by D in the name of the said company.

On December 2, 2018, the Defendant accepted a proposal from a person who was named in his/her name in the above place, stating that he/she would substitute for a penalty of 10 million won after using the Internet phone for three months from the person who was named in his/her name, and provided 100 Internet phone calls to the person who was named in his/her name, as described in the list of crimes in attached Form E, including the Internet phone E.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to reply to communications data, details of each subscriber, written confirmation of subscription to D services, and written confirmation of termination of D services;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service as well as Article 62-2 of the Criminal Act: (a) The number of Internet calls provided for another person’s communications for the reason of sentencing is very large; (b) the above calls have been used for scaming crimes; (c) there is no same kind of criminal power; (d) the fact that the crime is recognized; and (e) the defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) the conditions of all the sentencing specified in the arguments

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