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(영문) 대전지방법원 천안지원 2020.01.15 2019고단1971
전기통신사업법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year 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.

On June 26, 2018, the Defendant: (a) reported on the Internet advertisement “to provide KRW 20,000 won per week by opening a prior phone via a video phone; and (b) recorded and sent identification cards, communications agency subscription documents, etc. via E message, the Defendant had the person in the same day under the name of the Defendant open the FF line in the name of the Defendant.

Accordingly, the defendant provided telecommunications service for another person's communication.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of remittance certificate, E message, and H Cooperation and Cooperation Acts and subordinate statutes;

1. Article 97 of the relevant Act on Criminal Facts and Articles 97 and 30 of the Telecommunications Business Act for the Selection of Punishment;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the crime of violating the Telecommunications Business Act, such as the instant crime, can be abused for the crime, such as scaming, etc., the punishment is determined as set forth in the Disposition, taking into account the following: (a) the occurrence of the crime of scaming by using the phone line opened through the data provided by the Defendant; (b) the actual occurrence of the damage caused by the scaming; and (c) the damage seems not to have been recovered

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