Defendant shall be punished by a fine of five million won.

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

Punishment of the crime

No one may intermediate a third party's communications using telecommunications services provided by a telecommunications business operator or provide such services for a third party's communications.

Nevertheless, on October 23, 2018, at a place where the name is unknown, the Defendant was proposed to provide KRW 35,000 per unit, if he/she lends the name to open a mobile phone in the name of the purchaser of the Internet portal at a place where the name is unknown. The Defendant, upon receipt of a proposal, sent the Defendant’s resident registration certificate to the person in charge of the communications agency “C” and then sent the Defendant’s personal information for the opening of the prepaid phone, such as photographs and pledges taken the Defendant’s resident registration certificate to D, one cell phone (F), two cell phones (H, I), one J mobile phone (K), and one cell phone (M) in the name of the Defendant respectively.

Pursuant to the foregoing "C" located in Gangnam-gu Seoul Metropolitan Government N, the name-based beneficiary was required to receive five mobile phone units, and in return, 175,000 won was transferred to an enterprise bank account in the name of theO.

Accordingly, the defendant provided telecommunications services provided by telecommunications business operators for another's communications.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police about P;

1. Q petition and a written statement;

1. Application of Acts and subordinate statutes to the inquiry of the results of transfer, the details of D dialogue, and the report on investigation (in the name of the suspect, five mobile phone communications data shall be attached);

1. Article 97 subparagraph 7 of the Telecommunications Business Act and Article 30 of the same Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (2) and (1) 2 of the Criminal Act;

1. Where the reason for sentencing of Article 334(1) of the Criminal Procedure Act provides the cell phone for another person's communications, it is highly likely that other crimes will be used as a means of identification, etc., and the cell phone provided by the defendant.