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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 February 8, 2019, the Defendant, via Internet B, heard that “the Defendant would give 30,000 won per week by opening a core line on a face-to-face basis,” and had the person in poor name open a DNA prepaid chip under the name of the Defendant by photographing and transmitting the identification card, correspondence membership documents, etc. to the person in poor name via C message.
Accordingly, the defendant provided telecommunications service for another person's communication.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding E;
1. The police statement concerning F;
1. Application of trade-related 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. Article 62 (1) of the Criminal Act;
1. The crime of violating the Telecommunications Business Act, such as the crime of this case, with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, can be abused for the crime of Bosing, etc., and thus, its social harm is serious. The actual occurrence of the crime of licensing through the phone number with the core chip provided by the Defendant, and the damage is deemed not to have been recovered, and the damage is deemed not to have been recovered. The defendant has a record of criminal punishment several times, and the defendant is led to confession and reflect against the crime of this case, etc. shall be