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(영문) 대구지방법원서부지원 2020.10.23 2020고단419
전기통신사업법위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years 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, the Defendant, at the end of November 2019, proposed that he/she would lend KRW 3 million to a person who was unaware of his/her name that he/she became aware of through the Internet B car page. In response, the Defendant, from November 26, 2019 to December 4, 2019, opened a total of 41 telephones, such as the name of the Defendant and the name of “E,” registered as the representative of the Defendant, from November 26, 2019 to December 4, 2019, sent it to the person who was unaware of his/her name, as described in the list of crimes in attached Form 41 in the name of the Defendant and the name of “E,” which was recorded in the list of crimes.

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

Summary of Evidence

1. Defendant’s legal statement F, investigation report (related to the request for provision of communication data) on G, investigation report on communication data replies (related to the provision of others by the suspected A Internet telephone), investigation report (related to the phone number provided by the accused A), investigation report (related to the phone number provided by the accused A), criminal investigation report on closure of the contents of communication data conversation (Submission of data related to the phone number provided by the accused A), two copies of the communication data replies, the confirmation of subscription to communication data, the C Internet telephone fee statement, copy of the business registration certificate (E), investigation report (related to the request for provision of communication data) on investigation (related to the request for provision of communication data by the accused) (Attachment of communication data related to the Internet telephone provided by the accused

1. Article 97 subparagraph 7 of the Telecommunications Business Act and Articles 97 and 30 of the same Act and the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution (the confession and reflect of the defendant, and there is no record of criminal punishment so far, and the circumstances of this case shall be taken into account);

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