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(영문) 수원지방법원 안산지원 2018.11.14 2018고단2959
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall intermediate a third party's communications through telecommunications services provided by a telecommunications business operator, or provide such services for communications of a third party.

Nevertheless, from November 25, 2017 to December 29, 2017, the Defendant opened the Internet phone from the names in Ansan-si building B and C, and opened the Internet phone from the names in the same month to the 100,000 won per one line. D, five lines (E, F, G, H, I) in the J Internet phone, and 25 lines (K, L, M, M, N, P, Q, Q, R, T, U, M, M, X, M, Y, Z, Z, Z, AB, AC, AD, AD, AE, AE, AF, AF, AG, H, and AI).

Accordingly, the defendant mediated another person's communication through telecommunications service provided by telecommunications business operator or provided it for another person's communication.

Summary of Evidence

1. Statement by the defendant in court;

1. Certification personnel for D subscription;

1. Application of Acts and subordinate statutes on the current status of commodities subscribed;

1. Article 97 Subparag. 7 and Article 30 of the Telecommunications Business Act and the choice of imprisonment with prison labor for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (i.e., the confession and reflect of the defendant, the actual profit gained by the crime is insignificant and the telephone fee is imposed in the amount of ten million won, and there is no criminal record exceeding the same criminal record or fine

1. The community service order under Article 62-2 of the Criminal Act;

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