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(영문) 서울중앙지방법원 2019.02.13 2018고단6790
전기통신사업법위반등
Text

Defendant

A Imprisonment of two years and six months, and Defendant B shall be punished by imprisonment of one year.

No. 187 to 189 of seized evidence.

Reasons

Punishment of the crime

While maintaining cash 4 million won and business registration, the Defendants made business registration related to general restaurants on behalf of the Defendants on condition that they pay KRW 500,000 per month, recruited the nominal holders to open a credit card merchant, and opened and operate a general restaurant by using the mobile phone in the name of the nominal holders, passbook, cash card, etc. from the nominal holders, and Defendant A recruited the nominal holders, and Defendant A performed the role of opening and operating the general restaurant after collecting the nominal holders, and Defendant B performed the role of receiving the documents and cellular phone, passbook, cash card, etc. from the nominal holders under the direction of Defendant A, respectively.

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, the Defendants promised to pay KRW 500,000 per month during the period of maintaining cash 4 million and business registration to E on September 2018, and Defendant B used for telecommunications services, such as using a cell phone (F) opened in the name of Gangnam-gu Seoul Metropolitan Government University University University (Seoul) in the name of E after receiving the cell phone (F) opened in the name of E at around September 10, 2018.

In addition, from November 15, 2013 to September 10, 2018, Defendants opened a mobile communications terminal device with another person’s name over a total of 41 times as indicated in [Attachment Table 1] from June 24, 2016 to September 10, 2018 (Provided, That Defendant B, from June 24, 2016 to September 10, 2018, 32 times in total).

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