Defendants shall be punished by a fine of KRW 15,000,000.

Defendant

A The above fine shall be imposed.

A. Error 1) Of the facts charged in this case, the part regarding which transmission number change service was provided by a Chinese collaborative company is limited to Defendant A’s granting a ID to enable the collaborative company to change the transmission number, and the actual transmission number change was conducted by the above collaborative company. As such, Defendant A did not have intention to violate the Telecommunications Business Act regarding the crime in this part. 2) The part regarding which Defendant A directly provided a transmission number change service constitutes “a case where there is a justifiable reason, such as providing convenience to the addressee,” under the proviso of Article 84(4) of the Telecommunications Business Act, and thus, illegality is denied.

B. The lower court’s punishment of unreasonable sentencing (a fine of KRW 20 million) is too unreasonable.

2. Determination

A. Regarding the assertion of mistake of facts, 1) The following circumstances acknowledged by the court below which legitimately adopted and investigated the violation of the Telecommunications Business Act, namely, ① the channel to provide the instant transmission number change service, i.e., the Defendant A and the five cooperation companies in China, at the first request of the customer to access the Internet telephone, are eight cooperation companies in the facts charged mainly with individuals working in China. However, three of the eight IDs managing the server, which are the ones used by the Defendant, are five (5) cooperation companies (as evidence No. 1571 of the record, No. 1571 of the record, etc., inputs customer information, ID, and password, and then delivers the phone phone after establishing the Internet phone, and if the subscriber obtains certification from the certification server after connecting the phone with the Internet, it is possible to send and receive the phone number change through the upper communication companies via the SIP server, and if the account holder requests the cooperation company or its head office to change the phone number.