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(영문) 대구지방법원 2019.11.28 2019고단4909
전기통신사업법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year 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 February 6, 2019, the Defendant received a proposal from a nameless person who reported and contacted loan advertisements on the Internet to the effect that “if the documents necessary for opening B Internet telephone are provided after completing business registration under the name of the Defendant, the Defendant would pay KRW 5 million,” and thereafter, at around that time, delivered the business registration certificate, identification card, etc. of “D” of the trade name registered in the name of the Defendant at the real estate office near Gyeong-si, Chungcheongnam-si, where the trade name in the name of the Defendant is unknown at the real estate office near Gyeong-si, the Defendant used it by opening 42 times, such as B Internet phone in the name of the Defendant from March 6, 2019 to July of the following 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. E’s written petition;

1. Inquiry into communications data;

1. Investigation into the current status of subscription;

1. Application of Acts and subordinate statutes to an investigation report (verification of telephone numbers in the name of a suspect A, and revision to facts constituting a crime), list of crimes, and membership status;

1. Article 97 of the relevant Act and the main sentence of Article 30 of the Telecommunications Business Act concerning criminal facts and the selection of punishment;

1. The sentence identical to the order shall be determined by comprehensively taking into account the circumstances such as the fact that the defendant for the reason of sentencing under Article 62(1) of the Criminal Act recognizes the crime and the fact that there is no record of criminal punishment, and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, character and conduct, family relationship, and the situation before

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