Text
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person shall recommend, arrange, mediate, or advertise a contract for the provision of telecommunications services necessary for the use of a mobile communications terminal device, on condition that he/she provides or lends funds, and shall not intermediate another person's communications using telecommunications services provided by a telecommunications business operator or provide it for any other person's communications.
Nevertheless, on July 2016, the Defendant: (a) from a “C” communications sales store operated by the Defendant in Seo-gu, Daegu-gu, around July 2016, caused D to open his/her cell phone E, F, G, and H in his/her telecommunications business entity, and paid KRW 25,000 per unit number; (b) sent all of the chips linked to the above numbers to I; and (c) received KRW 100,000 per unit number from around that time to November 2016, the Defendant sent 46 prepaid mobile phone numbers in total under the same method as indicated in the list of crimes in the attached Table; and (d) sent all of the chips to I, and received KRW 10,000 per unit number.
As a result, the defendant provided funds to arrange the contract on the provision of telecommunications services necessary for the use of mobile communications terminal devices, and provided telecommunications services provided by telecommunications business operators for the use of telecommunications by others.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of each police officer in relation to D, J, K, L, M, I, or N;
1. Each investigation report (list 2,81 of evidence), and the application of each communication data reply statute;
1. Subparagraph 3 of Article 95-2, Article 32-4 (1) 2 (a point of each contract), subparagraph 7 of Article 97, and the main sentence of Article 30 (a point of provision for communications of each other) of the relevant Act on criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
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. Article 62 (1) of the Criminal Act on the suspended execution;
1. Collection;