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(영문) 대구지방법원 2018.05.11 2018고단312
전기통신사업법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a mobile phone sales store with the trade name of “E” from Daegu Nam-gu D and 1st floor.

Although the Defendant provided F with money to persons in need of urgency and allowed F to open a prepaid chips in its name, he was well aware that the prepaid chips were dried and distributed them by the name in the name of the non-party, the Defendant, on August 8, 2016, told F to the effect that “I will go through a prepaid chips, and if there is a customer, I will be included in our store.” In collusion with F, I would like to bring the prepaid chips to open by receiving opening expenses from those who introduce F in collusion with F.

Although no one is mediating another's communications or providing it for another's communications using telecommunications services provided by a telecommunications business operator, the defendant introduced the "E" store around August 13, 2016 in accordance with the above public offering and opened two mobile phone numbers in its name to G, including H and I, from March 16, 2017, a total of 136 prepaid chips, as shown in the annexed crime list, from that time, were opened.

Accordingly, the defendant in collusion with F and provided telecommunications services provided by telecommunications business operators for telecommunications purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect to J or K;

1. Application of the Act and subordinate statutes to a investigation report (abstinence (abstinence for prepaid materials included in E);

1. Article 97 Subparag. 9 and Article 30 of the Telecommunications Business Act, Article 30 of the Criminal 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. Each of the instant crimes committed by the Defendant on the grounds of sentencing under Article 62(1) of the Criminal Act provides a tool to commit the crime referred to as “largephone”, which has a great impact on society, such as Bosing, etc.

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