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(영문) 인천지방법원 2020.12.18 2020고단7787
전기통신사업법위반
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On March 2020, the Defendant conspiredd to install VoIP Gawawawawa, a communication equipment that leases studio and provides name-free winners, upon receiving a proposal from the Defendant that “The Defendant would pay KRW 300,000 won per unit, if intending to provide studio for the operation of the Internet gambling site, and to install necessary equipment to manage the members of the Internet gambling site.”

1. No one may intermediate another person's communications through telecommunications services provided by a telecommunications business operator, or provide it for any third person's communications;

Nevertheless, from April 17, 2020 to May 11, 2020, the Defendant opened a single unit of VoIP storewawawawa, which was provided by the above person under B's name in Michuhol-gu Incheon, Michuhol-gu B Housing C, and sent a phone number sent to D to commit the scaming crime by allowing the Internet to transmit the phone number sent to D in the number of "E", etc.

Accordingly, the defendant conspireds with the name-free persons, and mediated another person's communication through telecommunications services provided by telecommunications business operators.

2. A person who intends to operate a key communications business shall register with the Minister of Science and ICT after preparing financial and technical capabilities, plans to protect users, and other matters prescribed by Presidential Decree, including a business plan, as prescribed by Presidential Decree.

Nevertheless, the Defendant, as described in paragraph (1) from April 17, 2020 to May 11, 2020, operated a common telecommunications business to intermediate communications by installing one VoIP Swewa and connecting it on the Internet, and allowing the persons under such circumstances to transmit their names to many unspecified domestic and unspecified persons such as D with the number of “E”, etc.

This is the defendant.

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