The defendant shall be exempted from punishment.

Punishment of the crime

On October 12, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Prevention of Acquireddeficiencydeficiency Diseases Act at the Busan District Court on December 28, 2018 and the judgment became final and conclusive on December 28, 20

No person may provide telecommunications services provided by a telecommunications business operator under the Telecommunications Business Act for any third person's communications.

Around April 3, 2018, the Defendant: (a) heard the horses from B to “30,000 won if he/she opens a ship in transit”; (b) sent the written contract in which he/she was written and the photograph taken by him/her of his/her resident registration certificate to C; and (c) had the person who was unaware of his/her name open one cell phone (E) of the prepaid mobile phone in D, a separate communications company, in the name of the Defendant on the same day; and (d) received KRW 30,00 from the person who was unaware of his/her name on the same day.

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. Requests for the provision of each communication data;

1. Previous convictions indicated in the judgment: Application of criminal records, reference reports (A) and investigation reports (the fact that one case is confirmed among the suspect A judgments, etc.);

1. Article 97 of the relevant Act on Criminal Facts and Articles 97 and 30 of the Telecommunications Business Act on the Selection of Punishment, and Selection of Fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 39(1) of the Exempted Criminal Act (Consideration of the fact that no profits earned by the criminal act committed in the judgment of the criminal defendant are significant, that there is no difference between the criminal defendant and the criminal defendant before the same crime and the criminal record entered in the judgment of a sentence, etc. simultaneously);