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(영문) 서울북부지방법원 2019.07.18 2019고단2091
범인도피등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became 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, around August 1, 2018, the defendant opened a mobile phone (E) in the name of the defendant in order to assist the escape of D, which is a state designated by the Seoul provincial police station, after the arrest warrant was issued on March 13, 2018, at the store located in B located in Busan Seo-gu, Busan, but was prosecuted for fraud on October 24, 2017 to the Seoul Northern District Court on the part of the representative director of the company where the defendant was working, and was absent from the trial since November 15, 2017.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for telecommunications use by others, and caused the escape of D who committed a crime corresponding to a fine or heavier punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Application of a copy of the judgment, summary information of the case, and convicting statutes;

1. Article 97 Subparag. 7 and Article 30 of the former Telecommunications Business Act (Amended by Act No. 16019, Dec. 24, 2018); Article 151(1) of the Criminal Act; Articles 151(1) of the Criminal Act; Articles 97 and 30 of the former Telecommunications Business Act (Amended by Act No. 1601, Dec. 24, 201); the choice

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 stay of execution (Considering the fact that the defendant is the first offender and is in depth against his/her own crime, and that it does not seem that he/she committed a crime in return for any consideration);

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