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(영문) 인천지방법원 2017.12.22 2017고정1473

전기통신사업법위반등

Text

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

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

Reasons

Punishment of the crime

1. Crimes B jointly committed with the defendant;

(a) No person who violates the telecommunications business shall open a mobile communications terminal device which concludes a contract for the provision of telecommunications services in the name of another person on the condition of providing or lending funds, and use the telecommunications service provided to such mobile communications terminal device;

Nevertheless, the Defendant and B engaged in the lending business, and they had the intention to purchase and use a mobile phone in another person's name (the 's inner phone') in preparation for the control of investigation agencies, etc.

On August 2016, the Defendant and B purchased the mobile phone (D) established in the name-free phone name “C” and used the said mobile phone until November 2016 after purchasing the mobile phone (D) that was known to the Internet for the purpose of using it in operating a unregistered loan business in front of the Incheon Southern-gu Incheon Metropolitan City bus terminal.

Ultimately, the Defendant and B conspired to open the mobile communications terminal device that concludes a contract for the provision of telecommunications services in another person’s name and used the telecommunications service provided to the mobile communications terminal device.

(b) A person who intends to engage in loan business and loan or loan brokerage business under the Act on the Registration of Loan Business and Protection of Financial Users shall register with the Special Metropolitan City Mayor, Do Governor, etc. having jurisdiction over the place of business, and shall not collect interest exceeding the legal interest rate;

Nevertheless, the Defendant and B, without being registered with the Mayor of Incheon in September 2016, did not intend to engage in a loan business without registration with the money invested by the Defendant and B. On September 12, 2016, the Defendant borrowed KRW 1,000,000 to E in front of the Yeonsu-gu Incheon Metropolitan City Park Park on September 12, 2016, deducted KRW 1,000,000 from the interest rate of KRW 2,49 per day by collecting the annual interest rate of KRW 65 days.