The judgment below

The part against the Defendants is reversed.

Defendants shall be punished by imprisonment for one year and two months.

seizure.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court against Defendant A (unfair sentencing) (one and half years of imprisonment, and confiscation) is too unreasonable.

B. Defendant B1’s misapprehension of the legal doctrine (as to the violation of the Telecommunications Business Act by committing a crime around February 2015), Article 32-4(1)1 of the Telecommunications Business Act was newly established on October 15, 2014, and was enforced on April 16, 2015, which was prior to the enforcement of the said provision, and thus, Defendant B1’s illegal use of the mobile communications terminal device prior to April 16, 2015, is not guilty in accordance with the principle of penalty penalty penalty.

2) The punishment sentenced by the lower court to Defendant B (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. As to Defendant B’s assertion of misapprehension of the legal doctrine, the summary of the facts charged as to the violation of the Telecommunications Business Act by committing a crime around February 2015, the Defendants conspired to report the sales advertisement of the pre-paid chips on the Internet to use them to sell the drugs without being exposed to the authorities around Seoul Gangnam-gu Q and the second floor around February 2015, and contacted them to use them for selling the drugs as above, and purchased one of the pre-paid chips chips, which are opened in the name of “S” in the “S” in the “S” and attached them to the mobile phone from the seller on August 24, 2017.

2) Article 32-4(1)1 of the Telecommunications Business Act prohibits “the act of using telecommunications services provided to the relevant mobile communications terminal device or using the relevant fund to collect” by opening a mobile communications terminal device in the name of another person, which concludes a contract for the provision of telecommunications services on condition of providing or lending funds, under the name of another person, on condition of providing or lending funds.”

With respect to the act of violation of Article 32-4 (1) 1 of the Telecommunications Business Act, imprisonment for not more than three years or a fine not exceeding KRW 100 million shall be imposed pursuant to subparagraph 2 of Article 95-2 newly established on the same date.

Provided, That the above provisions shall be governed by the Addenda to the Telecommunications Business Act (No. 12761, Oct. 15, 2014).