A defendant shall be punished by imprisonment for six months.

Punishment of the crime

No one may intermediate a third party's communications using telecommunications services provided by a telecommunications business operator or provide such services for a third party's communications.

On September 2019, the Defendant received a proposal from C, which reads and transmits a telephone device to a person without a name (hereinafter referred to as “B”), and consented to the proposal that “I am 200,000 won per week by opening a telephone device,” and the Defendant was willing to open a telephone device under his/her name and deliver it to a person with no name.”

On September 26, 2019, the Defendant opened 20 Internet telephone numbers and 20 Internet telephone numbers, including E Internet telephone F numbers, at the office located in Jinju-si Office, and transmitted them to the party under whose name the Defendant was named, through the above C. From that time until October 1, 2019, the Defendant opened a total of 23 Internet telephone numbers and national representative numbers, as shown in the list of crimes in attached Form C, and then sent them to the party under whose name the Defendant was named, via the above C.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. Records of seizure and the list of seizure;

1. Application of the Kakao Stockholm statutes

1. Article 97 subparagraph 7 of the Telecommunications Business Act, the main sentence of Article 30, and Article 30 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. From among concurrent crimes, the sentencing reasons under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act and other circumstances of various sentencing as ordered by considering the following circumstances, including the defendant's age, occupation, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and various conditions of sentencing as shown in the arguments in this case.

D. Unfavorable circumstances: The defendant knows that Internet telephone and representative numbers provided by him are used in the crimes of Bophishing.