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(영문) 서울남부지방법원 2020.04.02 2019고단6284
전기통신사업법위반
Text

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

Reasons

Punishment of the crime

【Criminal Power】 On August 28, 2015, the Defendant was sentenced to one year of imprisonment for habitual larceny in the Busan District Court’s Branch Branch of the Incheon District Court, and the execution of the sentence was terminated on July 27, 2016. On October 10, 2019, the Seoul Southern District Court sentenced two years of imprisonment for the crime of special destruction and damage, etc., and became final and conclusive on January 14, 2020.

No person of a crime may intermediate another person's communications through telecommunications services provided by a telecommunications business operator or provide such services for communications of a third person.

Nevertheless, around May 22, 2018, the Defendant offered three mobile phone numbers as shown in the attached Table, such as obtaining a mobile phone number (C) from any person who is unaware of his/her name to participate in the mobile communications service and providing numbers to him/her at any place within the Republic of Korea, and then provided the telecommunications service provided by the telecommunications business operator for another person for the purpose of communications by providing each of the above mobile phone numbers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Request for provision of communications data and replies, investigation reports ( outcome of a request for the provision of additional communications data), investigation reports ( Results of a request for the provision of additional communications data)

1. Criminal records, inquiry reports on criminal records, repeated crimes, etc., confirmation of criminal records, such as the transmission of repeated crimes, amounts of dispositions, results of confirmation, and reports on the personal records of the relevant case, inspection by the kick, application of statutes

1. Article 97 subparagraph 7 of the Telecommunications Business Act and Article 30 of the relevant Act on criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. Article 51 of the Criminal Act, such as the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, circumstances after the crime, etc., including the following circumstances, for the reason of sentencing in the latter part of Articles 37 and 39(1) of the Criminal Act (the first head of the judgment that became final and conclusive).

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