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(영문) 대전지방법원 2018.01.11 2017고단4544
전기통신사업법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of 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 communications of a third party.

Nevertheless, on March 21, 2017, the Defendant received a Kakao Stockholm message from a person under whose name he/she became aware of in the name “Rab Scoco,” stating, “to use a Kakao Stockholm for sports discussions,” and in response, sent his/her resident registration certificate pictures, etc. to Kakao Stockholm. On March 28, 2017, the Defendant had the person under whose name he/she was named read in the name he/she had the Defendant open the pre-paid phone (B) in the name of the Defendant.

Accordingly, the defendant mediated another person's communication through telecommunications service provided by telecommunications business operator or provided it for another person's communication.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written complaints and statements of the draftD;

1. Results of replies and the application of the Acts and subordinate statutes on replies;

1. Article 97 of the relevant Act and Articles 97 and 30 of the Telecommunications Business Act concerning criminal facts as well as the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Based on the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentencing conditions shown in the trial process of this case, such as the age, sex, family relation, family relationship, home environment, motive and means of the crime, and circumstances after the crime, etc., the sentence as ordered shall be determined.

D. Unfavorable circumstances: The crime of this case is an act of distributing 's Mag-phone', which can be used for other crimes, such as Bophishing, etc., and thereby has a great social reputation.

The circumstances in favor of the fact that the pre-paid, which the defendant opened, actually used for the fraud crime, actually occurred, and that the defendant was punished for the violation of the Electronic Financial Transactions Act that can be seen as the same type of crime as the crime in this case: The confession is contrary to the principle of confession.

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