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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Carrying-on loan structure] A mobile phone loan is made in a way that a mobile phone dealer recruitss an applicant for a loan who wants to borrow a mobile phone, maintains a specific rate system in his/her name for a fixed period of time, lets him/her enter a new mobile phone on the condition that he/she purchases a high-priced mobile phone terminal, and then provides funds to the applicant for a loan, such as "portable tin" or "in-house relief" or "in-house relief". A device that includes a core chip from among the openings purchased from the applicant for a loan shall be sold as the so-called "largephone", and a device that does not have a core chip shall be recovered from the profits disposed of as the so-called "public machine" or the profits from the opening fees received from the radio operator, and a mobile phone user who has received a mobile phone loan shall pay the device installments to the radio operator in accordance with the conditions such as 36-month installments, etc.
The aforementioned mobile phone loan is an organizational structure that shares each role in terms of the “solicitation book,” “re-purchase, and “re-purchase, and sales” that open the mobile phone in the name of the applicant for the loan and sell it after re-purchase.
【Criminal Facts】
1. No person who violates the Telecommunications Business Act shall solicit, mediate, mediate, or place an advertisement on a contract for the provision of telecommunications services necessary for the use of a mobile communications terminal on condition of providing or lending funds;
Nevertheless, on November 20, 2015, the Defendant recruited one-time loan applicants and received loan fees from them, and B would bring about a opening fee of KRW 50,000 per case of the above loan fee from the Defendant. On November 20, 2015, the Defendant’s mobile phone loan advertisements posted by the Defendant were reported to and contacted with the Defendant, thereby seeking a mobile phone loan.