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(영문) 대전지방법원 2018.08.23 2018고단584
전기통신사업법위반등
Text

[Defendant A] The defendant shall be punished by imprisonment with prison labor for one year

Nos. 1 through 6, 8 through 18, which have been seized by the defendant.

Reasons

Punishment of the crime

Defendant

A is a person operating “E”, and Defendant B is a person working for “E” as the head of the office, and exercises overall control over the affairs of “E”.

The Defendants opened a mobile phone under the name of another person on the condition of providing or lending funds, and copied the unique number of the mobile phone (IMF, International Mole Epuipation, and International mobile device identification code) in another mobile phone device using a new mobile phone reproduction program (IMF, International mobile device identification code). The Defendants intended to dispose of the new mobile phone device using another mobile phone whose unique number of the new mobile phone is reproduced for a certain period and make profits from using the new mobile phone. Defendant A intended to open a mobile phone on the condition of providing funds, Defendant B was in charge of the opening of the mobile phone, reproduction of the terminal number, and disposal of the new mobile phone.

1. No person who violates the Telecommunications Business Act shall open a mobile communications terminal device in the name of another person on the condition that funds are provided or lent, and use the telecommunications service provided to such mobile communications terminal device or use the relevant funds for the collection;

As above, the Defendants recruited a nominal owner on the condition of providing or lending funds, and opened mobile phones, and conspired to have some of the sales proceeds paid to the general titleholders and divided the remainder of profits.

According to the above public offering, Defendant A opened a cell phone (H) at the office of “E” located in Seo-gu, Daejeon, Daejeon, on April 29, 2015, under the condition of lending funds to G, paid in return for the opening of the cell phone (H) to G, and the aforementioned cell phone terminal is from KRW 700,000 to an unexplic exporter.

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