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A defendant shall be punished by imprisonment for not less than eight 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
1. No person who violates the Telecommunications Business Act shall use telecommunications services provided to a mobile communications terminal in the name of another person, or use telecommunications services for the collection of the relevant funds, on condition that he/she provides or lends funds;
Nevertheless, on October 2018, the Defendant: (a) had an unqualified person open only one cell phone (B) which is a mobile communications terminal device; (b) received the aforementioned mobile phone; (c) around November 13, 2018, the Defendant purchased an online shopping mall (Internet shopping mall) with the aforementioned mobile phone from the Gu-Si, Nowon-si, Seoul, and received the said mobile phone; and (d) purchased an online shopping mall with the said mobile phone number of KRW 154,00,00 by entering the certification number received from the said mobile phone number to obtain the identification; and (e) from around that time, to March 6, 2019, the Defendant paid a total of KRW 30,000 through KRW 50,000 from the date of purchase of the said mobile phone from the said mobile phone number to the Internet shopping mall (hereinafter referred to as the “OF”) and paid the same KRW 154,500,000,000 from the date of the crime list to March 6, 2019
Accordingly, the defendant provided funds to use telecommunications services provided to the mobile communications terminal in the name of another person after opening the mobile communications terminal in the name of another person.
2. The Defendant, as described in paragraph (1), purchased goods by accessing the Internet shopping mall using a cell phone in the name of another person, which is opened with the same as that of the statement in paragraph (1), and had the intention not to pay the purchase price.
On November 1, 2018, the Defendant, at the office of the Defendant located in the Gumi-si, Si around 13:13, 2018, access to the Internet shopping mall D site using the above mobile phone (B) to 154,00 won.