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(영문) 서울중앙지방법원 2012.12.18 2012고단5359
전기통신사업법위반등
Text

Defendant

A Imprisonment with prison labor for two years, and for six months, for each of the defendants B.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a distributor of one-person 's mobilephone', and Defendant B is a person in charge of delivery and collection of a mobilephone at the office of Defendant A.

Defendant

A, even though it is well aware that E operating a telephone financial fraud company and F committed a crime of ‘teleline financial fraud' using the phone provided by the defendant, A had a mind to sell a large volume of telephone phones to the above E, etc. and to gain economic profits.

1. No person who violates the Telecommunications Business Act by Defendants may intermediate another person’s communications or provide it for any other person’s communications using telecommunications services provided by a telecommunications business operator;

Nevertheless, from February 2012 to March 201 of the same year, the Defendants purchased 70,000 won or more per 120,000 won or more per 1,000 won per e and F, including “I,” which was opened by G in the name of Nonindicted H, as described in attached Table 1 (i).

As a result, the Defendants conspired in sequence to provide telecommunications services provided by telecommunications business operators for another’s communications.

2. From October 201 to April 10, 201, Defendant A provided the volume of KRW 7,000, including “I” in the name of H as set forth in paragraph (1), to E and F, upon receipt of a request from E and F, which operates a telephone financial fraud company, for mass supply of the large phone necessary for committing the fraud.

그 후 위 E는 2011. 11. 25.경부터 2012. 4. 10.경까지 ‘소아79’, ‘마일드샷’이라는 대량문자발송 사이트를 통해 불특정 다수인들을 상대로 “IBK J 과장입니다. (삼천만) 마이너스 지급 가능합니다. 월 170,000원 연락부탁드립니다”라는 문자메시지를 발송하고, 위 문자메시지를 본 피해자 K이 2012. 3. 28.경 문자메시지에...

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