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(영문) 의정부지방법원 2019.11.22 2019고단4200
전기통신사업법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On February 8, 2017, the Defendant was sentenced to one year and ten months of imprisonment for the crime of fraud and the crime of violating the Electronic Financial Transactions Act at the Seoul Southern District Court on February 8, 2017, and completed the execution of the sentence at the Seoul Southern District Court on December 31, 2018.

【Criminal Facts】

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.

Nevertheless, on January 2019, the Defendant provided five USIM chips, including USIM chips (C) under the name of the Defendant, to the person under whose name the Defendant was aware of the Internet loan advertisement, by providing an identification card, photograph, etc. necessary for the opening of the USIM chips, and allowing them to open a total of five USIM chips including the USIM chips in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A written petition;

1. The screen by putting up a sign and cutting down a course;

1. Details of dialogue, etc.;

1. Each internal investigation report (request for the provision of communications data);

1. Requests for the provision of communications data;

1. Each reply material;

1. Each warrant for search, seizure and verification;

1. Information on members related to the movement of items;

1. Previous records of a criminal investigation report (Attachment of Documents to be sent by the Dobong Police Station): Criminal history records, interview reports (A), investigation reports (the date of release from and confirmation of related decisions related to recidivism A), personal confinement status, copies of decisions, criminal investigation reports (verification of suspect A's records of violation of the Electronic Financial Transactions Act), application of statutes concerning judgment;

1. Article 97 subparagraph 7 of the Telecommunications Business Act and Article 30 of the same Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The crime of this case with the reason for sentencing Article 35 of the Criminal Act among repeated crimes is that the defendant has promised to make compensation from his name in advance and provided telecommunications services for another person's communications, and the relevant mobile phone does not have a considerable risk of abusing it for various crimes.

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