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(영문) 대구지방법원 서부지원 2019.01.16 2018고단2070

전기통신사업법위반

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

Reasons

Punishment of the crime

No person shall use telecommunications services provided for a mobile communications terminal device in the name of another person or use telecommunications services for the collection of the relevant fund by opening a mobile communications terminal device in the name of another person on the condition of providing or lending funds.

Nevertheless, in collusion with C, D, and E, the Defendants sought the opening name of the mobile communications terminal device through the Internet advertisement, etc., Defendant A and C paid 3 to 50,000 won in return for the provision of the name to the nominal provider, and Defendant A and C opened the prepaid chip under their name (hereinafter “large-type distribution”), and E sold the large-type distribution by inviting persons to purchase the large-type distribution through the Internet, etc., and Defendant B shared the roles of providing the accounts for receiving the payment of the sales proceeds of large-type and large-type distribution, packing the large-type distribution, etc., and sold the large-type distribution to acquire profits by selling the large-type distribution.

The Defendants, along with C, D, and E, pursuant to the foregoing conspiracys: (a) around August 2016, from “G” for Defendant A’s operation in Daegu Seo-gu, Daegu-gu, the Defendant borrowed the name of the court of first instance under the condition that H pay for the consideration to H; (b) Defendant A and C paid KRW 30,000 to H in return for the payment to H; and (c) sold by opening one of the large hearts in H’s name from around that time to March 2017, the Defendants opened a mobile communications terminal device in the name of another person under the condition that it provides funds by selling a total of 1,074 largepos as shown in the attached list of crimes committed in the attached list.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol for C, I, D, and E;

1. Application of investigation reports (limited to attachment of suspect E-sales examination team), investigation reports (limited to persons who submit a written consent), investigation reports (limited to persons who have submitted a written consent), and Acts and subordinate statutes concerning the arrangement of sales-related photographs stored in the E-business telephone;

1. Criminal facts;