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(영문) 서울남부지방법원 2017.08.09 2017고단2218
전기통신사업법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a communications agency with a mutual name, Guro-gu Seoul Metropolitan Government Building C and D in Article 416.

No one may intermediate a third party's communications using telecommunications services provided by a telecommunications business operator, or provide such services for communications of a third party.

On August 2016, the Defendant proposed the above agency to open the prepaid chips of others from E and accepted it.

Accordingly, the Defendant, at around September 1, 2016, sent a photograph of documents necessary for the opening of the core chips, such as the F’s resident registration certificate and written oath, which he/she would not use, to the above agency, and applied for the opening of the core chips in the name of F, and opened one pre-paid chips in the name of F, and transmitted it to the above E.

In addition, from that time until December 6, 2016, the Defendant provided telecommunications services provided by telecommunications business operators on a total of 208 occasions, such as the list of crimes in attached Table 208.

Summary of Evidence

1. Statement by the defendant in court;

1. The second written protocol concerning the examination of the accused to the prosecution;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. A copy of the protocol concerning the examination of suspect of H by the prosecution;

1. Application of Acts and subordinate statutes to each protocol of suspect examination to I and J;

1. Article 97 Subparag. 7 and the main sentence of Article 30 of the Telecommunications Business Act and the selection of imprisonment with prison labor for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that the criminal defendant is repented in depth and that there is no criminal punishment except for the punishment of a fine for property damage before 20 years);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;

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