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(영문) 인천지방법원 2017.04.20 2017고단1122
전기통신사업법위반
Text

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

Seized evidence 1 to 27 shall be confiscated.

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.

On October 2016, the Defendant opened a business entity called “D” with the Internet C around the Internet, followed by selling a “mull phone” with the intention of offering it for another person’s communications.

Accordingly, around 12:00 on February 10, 2017, purchased a prepaid chips in F name at KRW 1.20,000,000, and purchased a total of 19 core chips and mobile chips (hereinafter referred to as “one chips”) as shown in the list of crimes in the attached Table of Crimes. On the same day, around 14:30 on the roads of “H” located in Suwon-si, Suwon-si, Suwon-si, Suwon-si, the first chips and 1.50,000 won per single mobile chips, and 20,000,000 won per mobile chips provided telecommunications services provided by telecommunications business operators for the purpose of communications by others.

Summary of Evidence

1. Statement by the defendant in court;

1. Copies of the police statement made to J;

1. Protocol of seizure and evidence of seizure;

1. Photographss of each photograph and each Internet closure;

1. A criminal investigation report and each accompanying document (No. 10 through 13, the list of evidence);

1. Application of Acts and subordinate statutes to a criminal investigation report (report on the progress of the investigation), investigation report (report on the situation at the scene of arrest of the suspect A in the act of committing an offense), and investigation report (report on the suspect's female crime confirmed by evidentiary materials seized and seized articles);

1. Article 97 subparagraph 7 of the Telecommunications Business Act and the main sentence of Article 30 of the same Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the defendant's mistake is recognized and reflected in his/her fault, and that his/her family and his/her branch want to take the defendant's preference is favorable circumstances.

However, each of the crimes of this case is a chip "largephone" or "large core chip" used for other crimes, such as Bosing.

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