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(영문) 울산지방법원 2021.01.27 2020고단4448
전기통신사업법위반
Text

A defendant shall be punished by imprisonment for a period of two months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 28, 2020, the Defendant was sentenced to five years of imprisonment for a crime of fraud, etc. committed by the Ulsan District Court, and the judgment became final and conclusive on September 8, 2020.

1. No person shall recommend, arrange, or mediate a contract for the provision of telecommunications services necessary for the use of a mobile communications terminal device, on condition that funds are provided or lent, on March 2019;

Nevertheless, on March 11, 2019, the Defendant offered that “B will open a mobile phone and sell money to it.” On the same day, the Defendant received the same name from the said agency and sold the name to the needy person. On the 12th day of the same month, the Defendant, a mobile phone agent located in Ulsan-gu, Ulsan-gu, Seoul-gu, to open one mobile phone (G) with the above method, and then received four items from the agent, and sold the name to the Buddhist person.

2. No person shall intermediate a third party's communications through telecommunications services provided by a telecommunications business operator or provide such services for communications of a third party on June 2019.

Nevertheless, at the end of June 2019, the Defendant provided one cellular phone depth, which was opened in the name of I, to J, the branch of which is for another person’s communications.

Summary of Evidence

1. The defendant's legal statement K and B investigation report (I's telephone statement) on each police's statement in relation to K and B (I's telephone statement), the details of the conversation from North Korea, the details of cellular phone opening, and the Kakao Stockholm dialogue;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (Attachment to the same criminal records);

1. Article 95-2 Subparag. 3 of the relevant Act and Articles 95-2 and 32-4 Subparag. 2 of the Telecommunications Business Act (a point of mediating a contract for telecommunications services, a choice of imprisonment, etc.) concerning criminal facts, Subparag. 7 of Article 97 and the main sentence of Article 30 of the Telecommunications Business Act (the point of providing another person with communications services);

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