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(영문) 서울중앙지방법원 2018.02.22 2017고단5713
전기통신사업법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a separate telecommunications company under the trade name of Geumcheon-gu Seoul Metropolitan Government C and D, Co., Ltd.

No person shall provide services that can display a false phone number of a caller for profit, such as forging a false phone number of a caller.

Nevertheless, around July 7, 2016, the Defendant provided the “E” service of mobile phone display at D office Co., Ltd. to F, Ltd., and provided the Internet phone number G for 070 to begin with 070, while the Defendant provided the above service provider with the Internet phone number G. In the event that the above provider calls by using the above display cryp, the Defendant received 10.5 won in 10 seconds from the call and changed the call number to H with the addressee’s phone number displayed at H by the same method between April 11, 2017 as shown in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Statement made by the prosecution with regard to I;

1. Each police statement to J or K;

1. Copies of police statements made against L or M;

1. Application of the Act and subordinate statutes to investigation report (E’E’s method of implementation, listening to N’s statements, investigation into specific criminal facts under investigation command, and rebuttals to questioning answers submitted by D)

1. Relevant Article of the Act and Articles 95-2 and 84-2 (2) of the Telecommunications Business Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Determination as to the defendant's assertion under Article 62 (1) of the Criminal Code of the Suspension of Execution

1. The dispatch number is not indicated falsely, but the assertion that there is a justifiable ground;

A. The “E” service provided by the Defendant by the Defendant refers to the number that the account holder provides in the “E” service after entering the certification procedure with his/her own mobile phone number.

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