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(영문) 대구지방법원 2020.01.23 2019고단4501
전기통신사업법위반
Text

A defendant shall be punished by imprisonment for four months.

except that 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.

Nevertheless, on March 4, 2019, the Defendant received a proposal from a person under whose name the Defendant came to know through a loan advertisement on the Internet, stating that he/she would make a loan by opening a telephone after leasing an office under the name of the Defendant, and then accepted it, thereafter, he/she leased his/her business as an office in Gangseo-gu Seoul Metropolitan Government B building C, and then used his/her name in the name of the Defendant from March 4, 2019 to March 22, 2019, after he/she leased his/her business as an office in Gangseo-gu Seoul, Gangseo-gu, Seoul, as described in the attached list of crimes.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Data requested to provide communications data;

1. Application of Acts and subordinate statutes to report on investigation (verification of telephone number subscription details);

1. Article 97 subparagraph 7 of the relevant Act on Criminal Facts and the main sentence of Article 30 of the Telecommunications Business Act;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records of the instant case, including the following circumstances and the Defendant’s age, character and conduct, family relationship, family relationship, home environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, shall be determined as per the disposition

The circumstances favorable: The criminal facts are recognized and the errors are divided. The circumstances unfavorable to the beginning: The telephone provided by the defendant is used for the Bosing crime, causing considerable damage to the defendant.

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