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(영문) 대전지방법원 천안지원 2019.09.20 2019고단1172
전기통신사업법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one may intermediate a third party's communications using telecommunications services provided by a telecommunications business operator or provide such services for a third party's communications.

1. On October 2018, the Defendant: (a) received a proposal from a person who was unaware of his/her name at a closed place and sent an Internet telephone in his/her name; (b) registered a business entity with the trade name “B” on October 25, 2018; and (c) opened eight telephone calls around November 2018 (around 2018: C, D, E, F, G, H, I, J, and Communications: K) and sent eight telephone calls to a person who was unaware of his/her name.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for another's communications.

2. Around December 6, 2018, the Defendant: (a) received a proposal from a person with no personal standing to obtain a low interest loan; (b) sent a phone call via an Internet phone; (c) sent the phone call in the name of the Defendant; and (d) sent one phone call to a person with no personal standing in the name of the Defendant; and (d) sent one phone call to Kwikset service via Kwikset service.

On December 10, 2018, the Defendant continued to open two telephone calls (the telephone number: P, Q, and Telecommunication: K) by the above method, and sent two telephone calls to the person in an infinite name by the above method.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for another's communications.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement on R;

1. Application of Acts and subordinate statutes to investigation reports (in the name of a suspect, submission of replies to inquiries by a subscriber to communications companies in the name of a suspect), investigation reports (Submission of a copy of a suspect's business registration certificate), investigation reports

1. Article 97 of the Telecommunications Business Act and Article 97 of the same Act regarding criminal facts as well as the selection of punishment;

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