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(영문) 광주지방법원 2020.01.09 2019고단4754
전기통신사업법위반
Text

A defendant shall be punished by imprisonment for six 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.

The name-free boxes ("B" and "D") are the members of the organization that distributes mobile phones in the Philippines, in which the names are recruited by advertising via Internet portal sites, mobile phone messages, etc., and in which the names are opened and sold to the needy persons by opening a name-based telephone ("one-time telephone").

A person who operates a mobile phone agency with the trade name of "F" in Dong-gu, Gwangju, around April 2018, the Defendant received request from the person who was unaware of the name at issue to "To open the pre-paid phone number of the nominal holders recruited by him/her", and around April 16, 2018, the Defendant opened one pre-paid oil depth at G in the name of G in the above agency at around April 16, 2018, and delivered the above-mentioned name to the above-known person by using the home line, as shown in the list of crimes in the attached Table, as shown in the above date and time from around 83 times to June 20, 2018, and sent the above name to the above-known person.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for the purpose of telecommunications in collusion with the false name.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. A report on the analysis of digital evidence;

1. The details of hosting;

1. A list of crimes;

1. Application of Acts and subordinate statutes to a report on internal investigation (in relation to the details of an investigation by a communications business operator), a report on investigation (Article 2018-1234), a report on search, seizure and verification (Article 2018-1234), a report on investigation (Article 20-1234), a report on investigation (in relation to a suspect A's cell phone digital evidence analysis), a

1. Article 97 subparagraph 7 of the Telecommunications Business Act, the main sentence of Article 30, and Article 30 of the Criminal Act concerning criminal facts;

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

1. Selection of the penalty;

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