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(영문) 대구지방법원 2017.07.20 2017고단2247
전기통신사업법위반
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

[Criminal Records] Defendant A was sentenced to a suspended sentence of two years for a violation of the Electronic Financial Transactions Act on June 13, 2017 in the Daegu District Court Kimcheon Branch of the Republic of Korea, and the said judgment became final and conclusive on the 21st of the same month.

[Criminal facts]

1. No person who has mediated another person's communications or provided it for any third person's communications using telecommunications services provided by telecommunications business operators;

On October 2016, 2016, the Defendant appears to be a clerical error (Evidence No. 943, 949, 957, 959, 1120, 1156 of the evidence record). On September 2016, 2016, the Defendant: (a) sent money to the Defendant’s opening of a prepaid phone; (b) called the Defendant’s cell phone in the name and opened the cell phone under the name of the Defendant; and (c) sent the Defendant’s cell phone number (number: phone number: E, E, F, G, and H) to six mobile phone agents located in the Daegu-gu Coast Zone; and (d) sent the name of the Defendant to the needy person.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for the purpose of telecommunications.

2. No one may intermediate a third party's communications, or provide it for a third party's communications, using telecommunications services provided by telecommunications business operators;

On October 2016, 2016, the Defendant appears to be a clerical error (Evidence No. 1276 of the evidence record). On September 9, 2016, 2016, the Defendant: (a) on the advertisement log stating that he/she would take a pre-paid phone opening; (b) called a cell phone in the name of the Defendant, opened the cell phone in the name of the Defendant; and (c) sent six cell phone numbers in the name of the Defendant in the name of the non-indicted mobile phone agent in Daegu-gu, Daegu-gu; (d) on the phone number in the name of the Defendant (the phone number: I, J, K, L, M, N), and (e) issued six core chips in the name of the non-party.

Accordingly, the defendant is to use telecommunications services provided by telecommunications business operators for other's communications.

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