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(영문) 부산지방법원 2019.11.29 2019고단4234 (1)
전기통신사업법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person may provide telecommunications services provided by a telecommunications business operator under the Telecommunications Business Act for any third person's communications.

Nevertheless, on February 2019, the Defendant sent a “D” Internet phone call to the party under whose name the Defendant was named, using Kwikset Service in the vicinity of Busan High-gu, Busan High-gu.

On March 2019, the Defendant sent 60 Internet telephone numbers and 8 representative nationwide telephone numbers (E, F) numbers opened in the name of the Defendant, as shown in the list of crimes, to the lower police officers on March 2019.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for another's communications.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of suspect interrogation of the accused by the prosecution (including attached materials);

1. Application of Acts and subordinate statutes to a request for provision of communications data, a request for provision of communications data (1st), a written request for provision of communications data, G reply data (2nd), or C reply data (2nd);

1. Article 97 subparagraph 7 of the Telecommunications Business Act and Articles 97 and 30 of the same Act concerning criminal facts and the selection of punishment, and the selection of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, each of the crimes of this case shall be determined as ordered in consideration of the following factors: (a) since telephone devices provided may be misused for various crimes, such as voiceing, scaming, etc.; (b) the amount of telephone calls provided by the Defendant for communications; (c) the Defendant is the primary offender; and (d) other various sentencing conditions as shown in the records and arguments

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