A defendant shall be punished by imprisonment for six 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.

Punishment of the crime

No person who transmits advertising information for profit by using an electronic transmission medium shall take measures to automatically create an addressee's contact information, such as telephone numbers, e-mail addresses, by combining numbers, codes, or letters.

Nevertheless, from around July 1, 2017 to around November 30, 2017, the Defendant: (a) from around January 1, 2018 to around March 7, 2018, and “C” on the second floor located in Jeoni-si B in Jeoni-si, Jeoni-si; (b) engaging in telephone solicitation sales business; and (c) automatically transmitted the phone numbers created by combining numbers using the xx “E” program to the Otop “atop”, an instrument and program that send the voice message, and then automatically sent the voice message to many unspecified persons, including D, total of 10,20 times.

As a result, the defendant sent advertising information for profit by using electronic transmission media, which combines numbers, and has taken measures to automatically change the numbers of the addressees' cell phone numbers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to sound records discovered in the list of automatically created mobile phone numbers, voluntary submission of a list of mobile phone numbers, voice mentor for solicitation and sale by telephone, on-site photographs, details of reports on illegal voice spams, and the Korean Internet Promotion Agency's Stopps system (e-mail);

1. Article 74 (1) 4 and Article 50 (5) 2 of the Act on Protection, etc. of Information, such as Promotion, etc. of the Use of Information and Communications Network by which the relevant Article of the Act on Criminal Facts and the punishment is imposed (a comprehensive selection of imprisonment, with labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, on the ground of sentencing Article 62-2 of the Social Service Order Criminal Act, automatically created telephone numbers, and transmitted advertising information to many and unspecified persons via a program automatically via telephone.

1,630 among recipients was also reported as illegal voice brochures.

The defendant's act is mental.