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(영문) 인천지방법원 2019.10.16 2019고단5856
전기통신사업법위반
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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.

The Defendant purchased a valuable mind from individuals who want to sell a valuable mind by advertising that he purchases a valuable mind on the Internet, and raised a mind to sell it at a higher price in other selling places.

The defendant, around June 7, 2019, sold d'muli (E) purchased before the defendant to the person who was aware of the Internet in Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon, and the same year from around that time.

8. Until September 19, 199, as shown in the annexed list of crimes, sold a total of 19 large sum of 20-250,000 won per unit and provided it to each other’s lending companies, entertainment establishments, and Bosing organizations.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The photograph, record, and list of seized articles;

1. Internet advertisements, investigation reports (including the attachment, etc. of message details), gallon photographs of 5 gallon cities, J5 gallons and photographs in gallon cities, and the details of 2 gallons and the application of Acts and subordinate statutes in relation thereto;

1. Article 97 Subparag. 7 and Article 30 of the Telecommunications Business Act and the choice of imprisonment with prison labor 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;

1. Social service order under Article 62-2 of the Criminal Act;

1. In full view of the circumstances under the grounds for sentencing under Article 48(1)1 and 2 of the Criminal Act, the statutory penalty of the instant crime, and other terms and conditions of sentencing, including the Defendant’s age, character and conduct, environment, motive and background of the instant crime, means and methods thereof, circumstances after the instant crime was committed, etc., the sentence identical to the order shall be determined by comprehensively taking into account the following factors:

The instant case is a disadvantageous condition.

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