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A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
【Criminal Power】 On December 4, 2019, the Defendant was sentenced to 10 months of imprisonment for fraud and 2 years of suspended execution in the vice-branch of the Daegu District Court, which became final and conclusive on December 12, 2019, and is currently under suspended execution.
No person of a crime may provide telecommunications services provided by a telecommunications business operator for any other person's communications.
Nevertheless, around March 2020, the defendant reported on the advertisement of small loans on the Internet and made contact, and accepted the proposal and made it possible to open one core chip (K) in the name of the defendant by transmitting personal information, such as the name, resident registration number, address, contact number, etc., to the person who has failed to pay 20,000 won per week, so that he can open the core chip under the name of the defendant, and by transmitting it to the number designated by the unclaimed person who has affixed the defendant's resident registration certificate and face pictures.
Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for the use of others.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry into communications data in copies of the police statement regarding L;
1. Previous convictions in judgment: Criminal records, investigation reports (two cases of criminal records in A), application of statutes governing judgment;
1. The reason for sentencing under Article 97 Subparag. 7 and Article 30 of the Telecommunications Business Act regarding criminal facts, and Articles 97 Subparag. 7 and 30 of the Act on the Selection of Punishment, etc., is that the Defendant committed the instant crime during the period of suspended execution due to criminal fraud, and that the cellular phone opened in the name of the Defendant was actually used for
However, the defendant confessions the crime of this case and repents his mistake, and the crime of this case seems to have obtained a profit of 120,000 won, and the defendant's age, character and conduct, environment, family relationship, the means and result of the crime.