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(영문) 서울중앙지방법원 2020.01.21 2019고정2216
전기통신사업법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

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, at around June 20, 2019, the Defendant: (a) received a proposal from an unsatisfying person who assumes an employee of a lending company in the Seoul Dongjak-gu Seoul Metropolitan Government building B and the Defendant’s residence; and (b) received such proposal, and then sent a call connected with the above Internet phone to Kwikset service on the same day, including through the Internet phone of the “E” number in the name of the Defendant in the name of the telecommunications business operator D, a telecommunications business operator; and (c) opened a total of 20 Internet phone numbers as shown in the list of crimes in the attached Table.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused and F;

1. The police statement concerning G;

1. Copy of the detailed statement of transactions between an automatic cash payer, data on communications, and output of the contents of H dialogue;

1. The application of Acts and subordinate statutes to each investigation report and accompanying materials;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The instant crime is a serious crime that can facilitate the singishing crime with a high social harmful effects.

In fact, it was connected to the singishing damage.

The favorable circumstances: The defendant seems to be against himself/herself while making a confession of all crimes, and have experienced his/her living conditions.

The defendant has no criminal history of the same kind of crime and the criminal history does not exceed one million won.

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