A defendant shall be punished by imprisonment for four months.

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

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, through B around May 11, 2018, received the proposal that “the Defendant will pay KRW 30,000 won to each party for the transfer of core chips.” On the same day, the Defendant sent the application for his identification card and subscription to the “C” located in Gwanak-gu, Seoul Special Metropolitan City and the “E” located in Suwon-si, in accordance with the instructions of the above-mentioned person without any name, and opened the cell phone number F in the name of the Defendant. The Defendant sent the said person to the said person through Kwikset service who sent the false person to the above person without any name, and sent the same by opening six prepaid chips in the same manner as indicated 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;

1. The police statement concerning G;

1. Application of each investigation report (verification of communications data and confirmation of information on subscribers of prepaid phones in the name of a suspect);

1. Article 97 subparagraph 7 of the Telecommunications Business Act and 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. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decisions 201Do