A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

No person who transmits advertising information for profit by using an electronic transmission medium shall take measures to automatically generate an addressee's contact information, such as telephone numbers and e-mail addresses, by combining numbers, codes, or letters.

The Defendant employed 802 and 803 Internet telephone 109 Internet telephone and 40 tele-market employees to run the C brokerage company. From October 2015 to June 7, 2016, the Defendant automatically generated approximately 25,017 portable phone numbers using X-cella program in the place of business.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D, E, F, G, H, I, J, K, L, and M;

1. Details of inquiries into registered credit service companies;

1. Current status of subscribers to illegal brochures and telephone numbers (KSA), and details of reports on illegal brochures (KSA);

1. Records of seizure and the list of seizure;

1. Investigation report (verification of number of automated telephone numbers of suspects);

1. Application of Acts and subordinate statutes to field surveys of illegally printed materials transmission places and photographs;

1. Article 74 (1) 4 and Article 50 (5) of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc. for Criminal Facts and the Selection of Imprisonment with labor;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 48(1)1 and 2 of the Criminal Act: The number of automatically produced telephone numbers is large, and the circumstances that make it more favorable to the other party by carrying out an illegal-loan voice book and then inflict mental distress on the other party: The facts that confessions and reflects the instant crime; there is no record of criminal punishment exceeding the fine; and other reasons such as the defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime; and the circumstances after the crime, etc. are above the factors for sentencing under each subparagraph of Article 51 of the Criminal Act, such as the following circumstances.