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(영문) 광주지방법원 순천지원 2019.01.24 2018고단2179
전기통신사업법위반
Text

A defendant shall be punished by imprisonment for four months.

except that 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

On August 31, 2018, the Defendant was sentenced to one year of imprisonment and two years of suspended execution for the violation of the Road Traffic Act in the Gwangju District Court's net support on August 31, 2018, and the judgment was finalized on September 8, 2018.

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.

1. On January 15, 2018, the Defendant: (a) visited C with a mobile phone from 15,018 to D lending car page in order to pay KRW 2-30,000 per telephone opening number; and (b) sent a resident registration certificate and a written undertaking for opening to the public; and (c) let the non-party to open to E, etc. via the mobile phone in order to contact with the non-party; and (d) let him/her open to E, etc.

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

2. On May 14, 2018, around May 14, 2018, the Defendant sent a resident registration certificate and a written pledge for opening and opening to the needy person in C, which is located in Net City B, in the same manner as above, and let the needy person open his mobile phone in E, etc. (J, K, L, M, and N).

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation into the current status of subscription and details of subscription to mobile phones;

1. Details of transactions;

1. Previous records of judgment: Results of inquiry, results of investigation report (verification of suspect criminal records, etc.), application of a copy of judgment, and statutes;

1. Article 97 subparagraph 7 of the Telecommunications Business Act and Articles 97 and 30 of the same Act and the choice of imprisonment for a crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It shall take into account the criminal records of the defendant with the reason for sentencing under Article 62(1) of the Criminal Act, the nature of the crime of this case, and the judgment.

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