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(영문) 대구지방법원 영덕지원 2020.06.17 2020고단78
전기통신사업법위반
Text

A defendant shall be punished by imprisonment with prison labor for four 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 December 23, 2019, the defendant accepted the proposal that "to lend KRW 100,000,000 to the opening of a telephone," from the person who has not been named in the name of Guro-gu Seoul Metropolitan Government, and then prepared an application for opening of the name of the defendant and deliver it to the person who has not been named, and let him open 21 telephones from B, which is a telecommunications business operator, around December 23, 2019, 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. Statement to C by the police;

1. A report on investigation;

1. Requests for provision of communications data, replys, and application of the Acts and subordinate statutes to evidence B subscription;

1. Relevant Article of the relevant Act and the main sentence of Article 97 and Article 30 of the Telecommunications Business Act for the selection of criminal facts (generality and choice of imprisonment);

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as the grounds for the suspended sentence) is not a large number of telecommunications, which the defendant opened and provided through the opening of the defendant, and the telecommunications was actually used for the singinging criminal, but the defendant has no record of being punished for the same criminal act, and the defendant seems to have actually acquired profits due to the instant criminal act, including the fact that the defendant's age, environment, character and behavior, motive, means and consequence of the instant criminal act, etc., and the execution of the sentence is to be suspended, and the sentence is to be determined as ordered by considering all the sentencing factors indicated in the instant pleadings, such as the defendant's age, environment, character and behavior, motive, means and consequence of the instant criminal act

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