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The defendant shall be innocent.
Reasons
1. No person who transmits advertising information for profit by using an electronic transmission medium in prosecuted facts shall take measures to automatically generate an addressee's contact information, such as telephone numbers, by combining numbers, codes, or letters;
On May 11, 2015, the Defendant joined the Defendant’s “D” office located in Yeongdeungpo-gu Seoul Metropolitan Government C Building 403 and 407, and opened an “Otop” office, a service of automatically creating mobile phone numbers and sending voice advertising messages. From around that time to July 14, 2015, the Defendant combined the numbers with the program for automatically generating the mobile phone numbers of the above Otop call, and created 200 cell phone numbers on an average of 1 day, and then sent the same 7,000 mobile phone numbers via the above Otop server.
Accordingly, the Defendant automatically created the recipient's mobile phone numbers by transmitting the voice advertising of the lending company through the Oral Call server and combining numbers using the Oral Call Program.
2. Determination
A. In a criminal trial, the burden of proving the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value, which makes the judge sure that the facts charged are true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.
B. We examine whether the aforementioned legal statement is admissible under Article 316(1) of the Criminal Procedure Act, as a person who investigated the defendant as the person against whom the prosecution was conducted prior to the institution of public prosecution as evidence to acknowledge the facts charged of this case and made a statement by E, whose contents are the defendant’s statement.
(c)
Article 316 (1) of the Criminal Procedure Act provides that "A person who is not a defendant (the defendant before the prosecution is instituted).