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(영문) 서울동부지방법원 2018.11.16 2018노1315
전기통신사업법위반등
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Reasons for appeal;

A. Defendant A did not agree to the opening of the Internet telephone apparatus listed in the attached Table 1 List 54 to 122 of the crime committed by Defendant A (Defendant A, C, and Prosecutor) No. 1 of the facts charged in the judgment of Defendant A (Defendant A), and all of the above phone calls were arbitrarily opened under Defendant A’s name.

B) The criminal facts No. 11 of the judgment in the crime No. 11 did not know that the above physical card was lost, and there was no intention of fraud.

2) Defendant C, as indicated in the facts of the crime set forth in the judgment of Defendant CA, acknowledged the fact that Defendant C opened 119 Internet telephone machines, such as Nos. 4 through 122 in attached Table 1 of the List of Offenses No. 1, provided for another person’s communications. However, Defendant C did not know that the instant telephone machine was used for the crime of Bosing.

B) The Defendant C of the crime No. 5 of the judgment of the court below does not request the Defendant A to have four portable telephone numbers or deliver them to the third party, as well as to have received them from the Defendant A.

3) According to the evidence submitted by the prosecutor, Defendant A’s aiding and abetting the fraud of Defendant C and D (the part not guilty in the reasoning) and Defendant C and D’s fraud (the part not guilty in the order) of the annexed crime list 2, the charges in the annexed crime list 2 were specified. The Defendants recognized that the Internet telephone machine opened in violation of the Telecommunications Business Act was used by the Defendant for the commission of the phishing in China to the employees of the phishing in China. However, the lower court erred by misapprehending the facts, thereby acquitted the Defendants of all these charges.

B) According to the evidence submitted by the prosecutor, Defendant A’s assertion of embezzlement of the deserted article from Defendant A’s possession (not guilty part) cannot be easily accepted, and Defendant A’s assertion cannot be accepted.

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