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(영문) 광주지방법원 순천지원 2019.03.21 2018고단2696
전기통신사업법위반
Text

A defendant shall be punished by imprisonment for six months.

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's April 2018 or the same year.

5. On May 4, 2018, the Defendant’s cell phone name (C telephone numbers, D, E, F) and the same year: “The Defendant’s cell phone name (C phone numbers, D, E, F)” and the same year, respectively, shall be transmitted by transmitting the pictures showing the Defendant’s identification card and the opening agreement, etc. to several B IDs, which the Defendant instructed by using B pets installed in the Defendant’s cell phone on the same day, from among those who had become aware of the fact through the search of the Internet portal site at the Internet portal site near the Nam-gu, Incheon Metropolitan City.”

5. Around 9.0: Around 9.0, the mobile phone name of the Defendant was opened with G.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Each written statement of I, J, K, and L;

1. Application of Acts and subordinate statutes to investigation reports (in response to a suspect A's request for provision of communications data);

1. Article 97 subparagraph 7 of the Telecommunications Business Act and Article 30 of the relevant Act on 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;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Probation Criminal Act: The mobile phone number provided as the instant crime was used for a fraudulent crime, causing many victims, not recovering damage, and circumstances favorable to the same kind of power: The defendant reflects his mistake, and the defendant seems to have no profit from the instant crime, taking into account the above circumstances, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances before and after the crime.

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