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(영문) 울산지방법원 2020.05.22 2019고정59

전기통신사업법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 9, 2019, the defendant was sentenced to two years of imprisonment with prison labor for a term of fraud, and the judgment became final and conclusive on the 17th of the same month.

No person shall use telecommunications services provided to a mobile communications terminal in the name of another person by opening a mobile communications terminal that enters into a contract for the provision of telecommunications services, on condition that he/she provides or lends funds, or use telecommunications services for the collection of the relevant funds.

1. On January 10, 2018, the Defendant requested C to open three mobile phones in the name of the region at the store located in Ulsan-gu, Ulsan-gu, U.S., Nam-gu, and the mobile phone sales store located in Ulsan-gu, Ulsan-gun, and requested C to open three mobile phones in the name of the region, and provided KRW 10,000 to C.

Around that time, the Defendant used one of the three mobile phones directly, and sold the remaining two parts to his name-free persons via the Internet about KRW 1.6 million in total.

As a result, the Defendant opened a mobile communications terminal in another person's name and used telecommunications services provided to the mobile communications terminal, and used it for the collection of the relevant funds.

2. On February 5, 2018, the Defendant proposed that D, who advertised to run a loan advertisement via the Internet and reported it to the effect that “I would pay money for the opening of a mobile phone,” and instructed E and F, the Defendant’s region, to the effect that “I would open a mobile phone by leaving D’s cell phone sales store.”

E, F, and D, around February 5, 2018, opened two mobile phones in the name of D from the mobile phone sales stores in the JJ located in Ulsan-gu G and Ulsan-gu I, Ulsan-gu, Nam-gu, respectively, and opened two mobile phones in the name of D around February 6, 2018 from L located in the above H and Ulsan-gu, Nam-gu.

Since then, the defendant is a mobile phone from D through E.