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(영문) 전주지방법원 군산지원 2020.03.04 2019고단1707
전기통신사업법위반
Text

A defendant shall be punished by imprisonment for six 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, around January 30, 2018, the Defendant heard the Defendant’s residence of the Defendant of the Military Service B apartment C, that “D chip purchase advertisements with D chip access to D chip “E” using mobile phones, and that “the Defendant would offer KRW 20,000 won per chip” in contact with the purchaser. On the same day, the Defendant sent the purchaser’s resident registration number and identification card pictures to the Kakakao chip to the Kakao chip so that it can confirm the number of times through the opening of the Kakao chip by transmitting the identification number and identification card to the purchaser. On the same day, the Defendant sent the purchaser’s instructions to the Kakao chip agent and submitted an application for opening to the Kakao chip to the Kao chip, and had the purchaser use one chip (F) opened through the opening of the chip as described in the attached list of crimes from August 3, 2019.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Each statement prepared I, J, and K;

1. Transfer certificates, text records, certificates of deposit, details of Kakakaoto dialogue, investigation reports (verification of the cost of transfer of suspect core chips), investigation reports (Preparation of the final list of crimes) and application of Acts and subordinate statutes;

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 Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. A crime that may be abused for any other crime, such as the new engagement in Article 62 (1) of the Criminal Act;

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