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Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for five months.
However, this judgment is delivered against Defendant B.
Reasons
Punishment of the crime
Defendant
A, on February 6, 2009, sentenced three years to imprisonment for a violation of the Act on Registration of Credit Business and Protection, etc. of Financial Users, etc. at the Seoul Central District Court, on May 27, 2011, the execution of the said sentence was terminated in the Chuncheon Prison. On August 16, 2012, the Seoul Southern District Court sentenced one year and six months to imprisonment for a crime of fraud at the Seoul Southern District Court, and the said judgment became final and conclusive on December 7, 2012.
Defendant
B On July 12, 2012, the Seoul Southern District Court sentenced two years of suspended execution to one year of imprisonment for fraud at the Seoul Southern District Court, which became final and conclusive on July 20, 2012.
The Defendants paid a certain amount to TM business operators, and received copies, etc. of the resident registration certificates issued from their names by inducing them to subscribe to a mobile phone under the pretext that TM business operators would lend money to many unspecified persons, and submitted subscription-related documents to victims E (39 years old) who operated the “D mobile phone agency,” and solicited them to open the mobile phone as if they were normal users of the mobile phone, and distribute the mobile phone to F, a specialized news business operator, and then Defendant A was in charge of general management affairs while operating H’s mobile phone sales points in Eunpyeong-gu Seoul, and Defendant B was in charge of delivering the personal information of the subscriber and the opened mobile phone, and I, an employee of the agencies operated by the victim E, was in charge of making inquiries about whether the names provided by the Defendants are entitled to open the mobile phone and opening the mobile phone through the documents related to the Defendants.
From September 14, 201 to November 8, 2011, the Defendants applied for the opening of a cell phone from the “D mobile phone agent” operated by the victim E located in Seodaemun-gu Seoul Metropolitan Government to the members of the said mobile phone from the TM business entity, and the said holders.