1. The defendant shall be punished by a fine of 2.5 million won;

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

Punishment of the crime

On April 2017, the Defendant would open a mobile phone and offer 400,000 won per unit in return for the opening of a mobile phone from a person whose name was unknown.

On April 3, 2017, at a mobile phone agency that received the text message stating “(C), sent one mobile phone call (B) opened in the name of the Defendant at the mobile phone agency located in the Busan Suwon-gu, and sent one mobile phone call (C) opened in the name of the Defendant at the same place as the Defendant around April 7, 2017 to a person whose name is not known.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for the use of telecommunications services.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by the police against D;

3. Written petition of D;

4. The application of the Acts and subordinate statutes to police investigation reports and internal investigation reports;

1. Article 97 subparagraph 7 and Article 30 of the Telecommunications Business Act concerning facts constituting a crime and Article 97 of the same Act concerning the selection of punishment;

2. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes as provided for in the crimes concerning the heavy portable telephone (C)];

3. Grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are to be confined in a workhouse.

1. Scope of applicable sentences under law: Fines of 50,000 to 75 million won; and

2. In this case, the sentence is rendered by the defendant for telecommunication by delivering two telephone calls opened in his name from the person who appears to be the member of the fraud group for the benefit of telecommunication, and the nature and circumstances of the crime are not good.

The crime is highly likely to be used in fraud crimes, such as so-called “sprinking” or “spackers of cards,” and is likely to cause harm to society.

In fact, the above fraud group committed fraud against D by using a portable phone received from the Defendant.

However, under the circumstances where the defendant is not in good economic situation, he was induced to receive the text message of the above fraud group and caused the crime of this case.