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(영문) 의정부지방법원 고양지원 2019.05.30 2018고단1355

전기통신사업법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

The defendant is a multi-level marketing business operator who is a multi-level marketing operator B, who deals with affairs, such as opening of a new prepaid phone.

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, who is a sub-contractor, opened a prepaid phone to new subscribers using the pre-paid service in the above sub-contractor B and used it as a sub-contractor with knowledge that the sub-contractor would bring profits to the sub-contractor in light of the nature of the multi-stage business, the sub-contractor would have part of its profits. Therefore, the Defendant was willing to secure its profits by using the sub-contractor's sponsoring business.

Around February 15, 2017, the Defendant: (a) at the “B Gyeongnam-si Center” located in Jinnam-si, Jinju-si; (b) had the opening owner directly visit an agency, etc. in order to open and sign an application form in the column of the nominal owner of the application for opening; (c) provided resident registration certificates, etc. in the case of a national; and (d) provided documents verifying identification such as a passport, etc. in the case of a foreigner; and (c) bound the copy of the application form in collusion with D, a subordinate business operator of the Defendant, to keep the passport photograph verifying the identity of the “F” of the Chinese nationality, and provided it to a third party in the name of “F” without undergoing the process of identifying and certifying the identity of the “F” through G, the Defendant’s subordinate business operator, and provided it to a third party in the name of “D” instead of the “F”.