A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On September 16, 2015, the Defendant was sentenced to one year of imprisonment with labor for aiding and abetting fraud, etc. at the Incheon District Court, and the judgment was finalized on the 24th of the same month.

1. On December 10, 2015, the Defendant: (a) calculated at least 50% of the interest on the loan of money to the victim BK by telephone; and (b) returned after 7 days.

“A false statement” was made.

However, even if the Defendant borrowed money from the injured party, the Defendant did not have any intention or ability to change it as promised.

As such, the Defendant, by deceiving the victim, received 800,000 won from the victim to the national bank account in the name of the Defendant twice the same day.

2. No person who violates the Telecommunications Business Act shall open a mobile communications terminal device to conclude a contract for the provision of telecommunications services in the name of another person on the condition of providing or lending funds, and use the telecommunications service provided to such mobile communications terminal device for the collection of the relevant funds.

Nevertheless, on September 9, 2015, the Defendant would allow BN to create a mobile phone from the BL located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon to get BN loans.

On the next day, two mobile phones (BO and BP) were opened in the name of BN, and two mobile phones (BB and BR) were opened in the name of BN in the name of BM from January 5, 2016 to April 22, 2016.

As such, the Defendant opened a mobile communications terminal device that concludes a contract for the provision of telecommunications services in another person’s name and used telecommunications services provided to the mobile communications terminal device.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect with respect to BN;

1. Each police statement with respect to BK andS;

1. A detailed statement of each deposit, a copy of an application for joining the BO, a copy of an application for joining the mobile phone BP, and a copy of the application for joining the BR (BT after modification);