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(영문) 서울중앙지방법원 2016.11.22 2016고단1803
이동통신단말장치유통구조개선에관한법률위반
Text

Defendants publish the summary of the judgment of innocence.

Reasons

1. Facts charged;

A. Basic facts 1) Defendants A’ status, role, and duties were serving as O of the KS Telecom Co., Ltd. from around 2014 to around September 30, 2015, and Defendant B retired from the above company. Defendant B served as an agent in charge of the P Headquarters Q from around 2013 to December 4, 2015, and Defendant C served as the Plaintiff’s R from December 1, 2014 to December 1, 2014. Defendant C is a key telecommunications business operator permitted under the Telecommunications Business Act, which mainly aims at the conclusion of a contract or a contract on behalf of an agent or agent of the mobile telecommunications business operator and the user who is entrusted with the contract and the sales agent of the mobile telecommunications business operator and the user who is entrusted with the contract. 2) Telecommunications business operator at the distribution stage of the mobile telecommunications business operator is a corporation that mainly deals with the mobile telecommunications business operator under the above agreement.

In this regard, Defendant Ecomcom Co., Ltd and Defendant K Co., Ltd. are recruited and operated an agency through a consignment agency contract. Defendant LBer Co., Ltd. and Defendant LBer are each agency with “do sales agency” and “distribution management store.” The above agency has performed the business of entering into a contract with users through “sales store.”

3) The user (the mobile communications business operator to receive mobile communications services) for the recruitment of subscribers (the mobile communications service provider) is a mobile communications business operator, Defendant KScom Co., Ltd., Defendant KV Co., Ltd. and Defendant LBV Co., Ltd., which is a mobile communications business operator.

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