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Defendant shall be punished by a fine not exceeding one million won.
Where the defendant fails to pay the above fine, one million won shall be the one day.
Reasons
Punishment of the crime
[Criminal Justice] On October 19, 2017, Defendant A was sentenced to a suspended sentence of two years on July 3, 2018 for violating the Telecommunications Business Act at the Sung-nam Branch of Suwon District Court, and the said judgment became final and conclusive on July 3, 2018.
【Criminal Facts】
The Defendant: (a) opened a mobile phone under the name of another person on the condition that he paid the money for the equipment of the mobile phone and the fee for the use thereof; (b) opened the mobile phone under the name of another person; (c) disposed of the mobile phone and acquired the sales proceeds; and (d) collected the money for the equipment of the mobile phone and the fee for the use thereof under the name of another person by opening and disposing of the mobile
On July 26, 2016, the Defendant concluded that “Around July 26, 2016, the Defendant borrowed the name of the victim D and paid the mobile phone price and use fee for six months after opening the mobile phone, and thereafter, the Defendant borrowed the name of the mobile phone so that no damage may be caused by cancelling the mobile phone.”
However, at the time, the Defendant, B, and C had been urged from the owner of the mobile phone because they had not been able to pay the cost of the mobile phone equipment and the fee of the mobile phone in the name of another person, and was thought to be used as the repayment of the existing obligation or the cost of living. Thus, even if the mobile phone is opened in the name of the victim, there was no intention or ability to pay the cost of the mobile phone equipment and fee of the mobile phone.
As above, the Defendant, as in B and C, by deceiving the victim as above, was provided with identification information in the name of the victim necessary for opening the cell phone on the same day from the victim, and opened the Eopon one (F) and one Gopon one (H), and failed to pay the sum of the equipment cost and the user fee of KRW 2,349,340, and acquired the pecuniary benefit equivalent to that amount.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police with D 1.