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(영문) 서울동부지방법원 2017.11.14 2017고정1183
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No person who transmits advertising information for profit by using an electronic transmission medium shall take measures to automatically make the recipient's telephone number by combining numbers.

From March 2016 to March 2017, the Defendant created, using X-rayed phone numbers ( approximately 80,000 of the number of Defendant’s statements based on 1,987 cases of reported phone number users, period of use, etc.) in connection with the duties of Seoul Songpa-gu C building, and (ju) D and (ju) E established for the purpose of selling telephone solicitation on the second floor, and advertised the sales of telecommunications services by posting telephone calls on the relevant phone number.

As a result, the defendant sent advertising information for profit by using a transmission medium, and taken measures to automatically make the recipient's telephone number by combining numbers.

Summary of Evidence

1. Partial statement of the defendant;

1. Investigation report (central radio wave control office);

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

1. Article 74 (1) 4 and Article 50 (5) 2 of the Act on Promotion of the Utilization of Information and Communications Network and Information Protection, Etc., concerning facts constituting an offense, the relevant Article of the Act on the Promotion of Utilization of Information and Communications Network and Selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act (including the Defendant and his/her defense counsel) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (see Article 50(5)2 of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc., although the Defendant and his/her defense counsel asserted that the Defendant’s business method is lawful, a provision punishing a person who transmits advertising information for profit by using an electronic transmission medium to take measures to automatically make the addressee’s telephone number by combining numbers,

I see that it is.

Therefore, the above argument is without merit.

Criminal punishment shall be imposed on the defendant for the reason of the same crime.

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