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Defendant shall be punished by a fine of KRW 4,000,000.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Reasons
Punishment of the crime
No person shall open a mobile communications terminal device which enters into a contract for the provision of telecommunications services in another person's name on the condition of providing or lending funds, and use the telecommunications service provided to the mobile communications terminal device or use it for the collection of the relevant funds.
However, the Defendant purchased and purchased 120,000 won from another person’s mobile phone under the name of the investigative agency in order to avoid tracking of the investigation agency, etc., and used 120,000 won from that time to May 10, 2017 from that time, the Defendant purchased 1,20,000 won from the “D’s mobile phone number” opened in the name of the said agency’s employee from the said agency’s employee in the name of the said agency in order to use the mobile phone in purchasing and using another person’s mobile phone under the name of the said agency in order to avoid tracking of the investigation agency, etc.
As above, the Defendant opened a mobile communications terminal device that concludes a contract for the provision of telecommunications services in another person’s name and used telecommunications services provided to the mobile communications terminal device.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the investigation report (verification of the nominal holder of a mobile phone used by the suspect A)-related Acts and subordinate statutes;
1. Article 95-2 subparagraph 2 of the same Act and Article 32-4 (1) 1 of the Telecommunications Business Act concerning facts constituting an offense;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;