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(영문) 서울중앙지방법원 2010.10.14 2010고합999

특정경제범죄가중처벌등에관한법률위반(사기)

Text

Defendant

A Imprisonment with prison labor for three years, for one year, for Defendant B, for two years, and for Defendant D, for one year.

Reasons

Punishment of the crime

[Status of Defendants] Defendant A is the representative director of N (hereinafter “N”) established for the purpose of special category telecommunications business, etc., and is the actual operator of O, P, Q, etc. who is an individual entrepreneur.

Defendant

B as a N director, each of the above businesses was operated together with Defendant A.

Defendant

C is the actual operator as the head of the planning and development team of R Co., Ltd. (hereinafter referred to as “R”) established for the purpose of special category telecommunications business, etc.

Defendant

D is the representative director of S Co., Ltd. (hereinafter referred to as “S”).

[Telecommunications Company’s Fees System and Additional Services] The Telecommunications Company (SK Telecom Co., Ltd. (hereinafter “SK Telecom”), which is a mobile communications company, provides two or more persons (hereinafter “SK Telecom”) with each other with the “multilateral telephone services”, which provide customers with free-of-charged telephone rates, such as “surf rates system,” which provides customers with benefits from free-of-charged telephone calls, which are mobile telephone rates, connected to another telephone operator designated by customers, which is a monthly fixed amount of telephone rates, which links to a call remaining from a mobile phone, after transmitting a new call to the third line after the connection of the said one-time call, so that more than three persons (not less than six (6) simultaneous telephone services) can participate in the existing telephone.

LG Telecom Co., Ltd. (hereinafter referred to as “LG Telecom”), and KT Co., Ltd. (hereinafter referred to as “KT”) also provide free telephones or unlimited phone services with the same contents as above.

On the other hand, if the mobile phone, which is a member of one mobile communication company, is transmitted by the phone of another mobile communication company or wire communication company according to the call service, it is considered to have been transmitted by that mobile communication company.