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(영문) 수원지방법원 2020.05.15 2019고단7267
전기통신사업법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

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.

Nevertheless, on January 2019, the Defendant: (a) opened a loan advertisement stating that “to grant a loan to a business operator,” and posted the above advertisement; (b) heard the phrase “to give a loan to the business operator, if he/she establishes a business operator, he/she will give a large number of calls under the name of the business operator; and (c) held that “the call is sent to him/her,” and around the 23th day of the same month, he/she issued 12 Internet calls, including C, in the name of the Defendant in the name of the business operator, including B, around the 25th day of the same month, including EF, under the name of the Defendant established at D, and issued 20 Internet calls (attached Form 1 through 20) including EF, around that time.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for the use of others.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Responses to a request for the provision of communications data;

1. Application of Acts and subordinate statutes to response to a request for information;

1. Article 97 subparagraph 7 of the Telecommunications Business Act and the main sentence of Article 30 of the same 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. The reason for sentencing under Article 62(1) of the Criminal Act recognizes the crime of this case, the defendant has no record of criminal punishment, but has the record of being subject to juvenile protective disposition three times due to fraud, the number of Internet telephones provided for another person's communication is considerably high, the above telephone was used for the crime of singing, and the defendant's age, character and behavior, environment, motive, means and means of the crime.

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