Defendant shall be punished by a fine of three million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Punishment of the crime

A person who transmits advertising information for profit by using an electronic transmission medium shall not take measures to automatically create an addressee's contact address, such as a telephone number or e-mail address, by combining numeral codes or letters, and shall not take measures to conceal the identity of the sender of advertising information or the source of advertising transmission, and no one shall transmit advertising information for goods or services prohibited by the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. or any other Act through an information and communications network.

Nevertheless, from September 2015 to February 1, 2016, the Defendant automatically created the addressee’s contact address using the leading function of the X-cell program in order to transmit “Notice on Use of Credit Loans”, an advertising information for profit, at the Defendant’s office located in Yangsan City C Dong 57, which is located in Yangsan City, from September 2015, and from February 2016, the Defendant transmitted “Notice on Use of Credit Loans,” which is an advertising information for profit, to many and unspecified persons, via an information and communications network, by transmitting “Notice on Use of Credit Loans,” which is an advertising information for profit, to a large number of unspecified persons on a daily average of 700 to 140 items.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Protocols of police seizure and list of seizure;

1. Application of Acts and subordinate statutes to each investigation report and each internal investigation report (including all accompanying documents);

1. Article 74(1)4 of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. for Criminal Facts and Articles 74(1)2 and 50(5)2 of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. (the point of automatically creating telephone numbers), 4 (the point of concealing source of transmission), 74(1)6 of the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc.