The judgment of the court below is reversed.

Defendant

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

1. The summary of the grounds for appeal (e.g., both types of punishment) by the lower court (e.g., one year and two months of imprisonment, and six months of imprisonment) is too unreasonable.

2. Ex officio determination

A. In addition to the facts charged in the preliminary charge 1), the prosecutor maintained the initial facts charged as the primary facts charged and applied for the amendment of indictment by adding the applicable provisions of law to the same content as the facts stated in the judgment below, as stated in the facts charged, as stated in Article 97 subparag. 7 and the main text of Article 30 of the Telecommunications Business Act. The court granted permission. 2) As examined below, the judgment of the court below which only the facts charged in the previous primary charge cannot be maintained.

3) In addition, the court below erred in the misapprehension of legal principles as follows. B. The summary of the judgment below's misapprehension of legal principles is that the defendants opened a mobile communications terminal on the condition that funds are offered by opening and selling mobile phone core chips through the opening of the mobile communications terminal, and the applicable provisions of the law related thereto are Articles 95-2 subparagraph 2 and 32-4 (1) 1 of the Telecommunications Business Act. However, the interpretation of penal provisions must be strict in accordance with the language and text, and the mobile phone core chips cannot be seen as a mobile communications terminal as stipulated in Articles 95-2 subparagraph 2 and 32-4 (1) 1 of the Telecommunications Business Act. (1) For the following reasons, Article 32-4 (1) 1 of the Telecommunications Business Act defines mobile communications terminal devices as a terminal device necessary to use common telecommunications services that use frequencies allocated under the Radio Waves Act.

2 Since Telecommunications Business Act and other Acts do not expressly define the meaning of a terminal device, the meaning of a terminal device is the same.