전기통신사업법위반
The judgment below
The non-guilty portion shall be reversed, and this part of the case shall be remanded to the Incheon District Court.
The grounds of appeal are examined.
1. Summary of the facts charged and the judgment of the court below
A. The gist of the facts charged in the instant case is that the Defendant purchased one of the mobile phone core chip (USIM) chip opened in the name of N from an unqualified person on January 2019 in order to avoid tracking the investigation agency, etc., and used the purchased core chip by attaching it to the mobile phone in his/her possession.
B. On the grounds stated in its reasoning, the lower court reversed the first instance judgment convicting the Defendant on the ground that the mobile phone core chips do not fall under a mobile communications terminal device (hereinafter “terminal device”) stipulated under Articles 95-2 subparag. 2 and 32-4(1)1 of the Telecommunications Business Act (hereinafter “applicable Act”), and thus, this part of the facts charged constitute a time when it does not constitute a crime, and rendered a not guilty verdict.
2. Judgment of the Supreme Court
A. The above determination by the lower court is difficult to accept for the following reasons.
1) Illegal use of a terminal device prohibited by the applicable provisions of this case is an act of using telecommunications services provided in another person’s name by opening a terminal device that enters into a contract for the provision of telecommunications services. Such unlawful use of a terminal device includes not only the act of directly opening and using a terminal device under another person’s name but also the act of taking over and using a terminal device opened in another person’s name (see, e.g., Supreme Court Decision 2018Do2475, Jun. 28, 2018). 2) The heart, the weak party to “Univers Identification Mole” is distinguishable from the storage device that contains distinctive information, such as the identity, telephone number, fare system, etc. of the subscribers of radio communications lines.
3 In order to receive telecommunications services through a terminal device such as mobile phones and tables, the telecommunications company and telecommunications service are provided.