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(영문) 대구지방법원 2018.10.19 2018노2516
전기통신사업법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant: (a) sent the pre-paid phone (USIM chips) to a titleholder; and (b) did not transfer the pre-paid phone to another person.

However, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, thereby adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (a punishment of KRW 7 million) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in this case shall not provide telecommunications services provided by telecommunications business operators for the purpose of communications by others.

The Defendant, while serving as H mobile phone sales staff, is offlined on the Blue Internet Blog, etc. on the date and inward.

After publishing the advertisement “”, from May 1, 2014 to October 15, 2015, N, who reported and searched the above writing, opened 12 types of prepaidphones (USIM chips), such as pre-paidphones (USIM chips) 132 types of pre-paid phones, and known that the pre-paidphones will be distributed, it was transferred from the radio operator with approximately 10,000 won per page (USIM chips, KRW 20,000 won per page, per page).

Accordingly, the Defendant conspiredd with the nameless wounded, provided telecommunications services provided by telecommunications business operators for the purpose of telecommunications.

B. In full view of the evidence duly admitted and examined by the court below, the court below acknowledged the fact that the defendant conspireds with the name infinite, etc. as stated in the judgment of the court below that the telecommunications service provided by telecommunications business operator

The decision was determined.

(c)

In full view of the following circumstances recognized by the court below based on evidence duly adopted and investigated by the court below, the defendant's pre-paid phone (USIM chips) Nos. 4, 8, 12, 13, 16, 34, 40, 43, 130 among the pre-paid chips (USIM chips) in the annexed crime list (USIM chips).

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