(영문) 서울중앙지방법원 2017.02.02 2016노3888

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(영문) 서울중앙지방법원 2017.02.02 2016노3888

사문서위조등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of telecommunications business by mistake of fact, the Defendant transferred only a part of 325 prepaid chips (hereinafter “the core chips”) 1 to 325 (hereinafter “the core chips”) of the crime sight table 3 to another person’s name.

Therefore, the defendant cannot be deemed to have provided telecommunications services for another person's communications with respect to a core chips that have not been transferred to a third party, that is, a core chips that have not been transferred to a third party, but have never been transferred to a third party. Therefore, the crime of violation of

Nevertheless, the judgment of the court below which found the Defendant guilty of violation of the Telecommunications Business Act is erroneous, which affected the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s judgment and the appellate court’s duly admitted and investigated evidence, namely, ① the Defendant consistently with the investigation agency and the lower court, and the Defendant sold in full KRW 40,50,000 per unit to Q Q (S “S”), purchased from September 2015 to March 2016, using foreign passport information, etc. purchased from the Internet site “A Q”, which had been operating the Defendant’s mobile phone opening agency (hereinafter “S”). The Defendant opened 325 chip chip 1 to 325 chip chip 3,000 per unit from September 2015 to March 2016.

According to the statement (Evidence No. 2, No. 1621 through 1627 of the evidence record, the trial records No. 138 through 146 of the trial records), ② according to the inquiry of facts about the major persons who are stock companies in the appellate trial, the company's business vision, and the U.S. business business (the current status of subscribers who have no monetary history) in the 30th judgment of the court below, the 30th judgment of the court below, No. 22 (No. 27, 2015, Nov. 27, 2015), No. 29 (former Unification No. 29, Nov. 29, 2015), and No. 59 (former Unification No. 8, Dec. 8, 2015) annually. 30

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