logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2019.07.26 2019고단621
전기통신사업법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years 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 August 2018, the Defendant, at the 2nd floor B in Sinpo City and Sinpo City, equipped with 3GGGTEWY 1, computer 1, and other communications equipment, and sent a core chip connected to the line under D’s name and a core chip connected to the G line under the name of D’s name, and sent it to the phone number connected with the said conviction, and sent it to the name in China. In order for the Defendant to transmit it to the name in the name in China, the Defendant sent it to the above 3GGTEWAY.

Accordingly, the defendant mediated another person's communication or provided it for another person's communication using telecommunications services provided by telecommunications business operators.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each police statement made to H and I;

1. Details of communications data and currencies;

1. Each protocol of seizure and the list of seizure;

1. A report on internal investigation (related to the verification of the number of a serious core chip);

1. Application of Acts and subordinate statutes to communications data and telephone numbers used for crimes;

1. Article 97 subparagraph 7 of the Telecommunications Business Act and Articles 30 of the same Act concerning criminal facts and the selection of punishment;

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

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

1. The reason for sentencing of Article 48(1) of the Criminal Code for forfeiture is the act that facilitates another person’s communication fraud crime, such as this case, and the social harm caused by such crime is serious.

However, the attitude of the defendant to recognize and reflect the wrongness of the defendant.

There are no criminal records of the same kind.

The punishment shall be determined as ordered in consideration of such circumstances, the circumstances leading to the crime, the circumstances after the crime, the defendant's age, character and conduct, the environment, etc.

arrow