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(영문) 인천지방법원 2020.10.08 2020고단4664
전기통신사업법위반
Text

A defendant shall be punished by imprisonment for one year.

However, 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, upon receiving a proposal from a person under whose name the Defendant came to know by reporting and communicating the Internet B B B, D, and E (F), received the proposal from the person under whose name the Defendant came to know, to “to pay KRW 30,000 won per opening if he created the chip.” On January 9, 2020, the Defendant sent three copies of the pre-paid chip to the person under whose name the Defendant came to know.

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. Investigation report (including attaching details of communication request to telephone numbers C for the use of crime, appending contents of communication conversations for suspects Kakaoo, and accompanying details of subscription to suspect alkphones by sunrise);

1. Application of Acts and subordinate statutes to the result of processing requests for cooperation in providing communications data;

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. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is recognized that the defendant has committed a crime, and the amount of profit acquired by the crime in this case is not the larger amount.

However, the defendant's crime constitutes an essential part of the crime that makes it easy for many unspecified persons to commit the crime, and actually, the crime of Bosing by using a cell phone delivered by the defendant was committed, and the responsibility of the defendant is very heavy.

Furthermore, the defendant committed the crime of this case even though he had the record of criminal punishment due to similar crimes.

These circumstances and others.

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