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(영문) 서울서부지방법원 2018.09.13 2018노743
전기통신사업법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 15 million) is too unreasonable.

2. On May 1, 2015, from around November 4, 2016, the Defendant introduced customers in bad credit standing conditions who wish to borrow from around May 1, 2015 to around November 4, 2016 to “E”, and “E” opened a cell phone in the name of the relevant customer under the condition of providing the customer with funds, and “E” opened a cell phone in the name of the relevant customer, and then opened a cell phone in the name of the relevant customer by directly disposing of the cell phone opened in the name of the relevant customer as above, and the Defendant’s introduction led to a total of 156 mobile phones in the name of others.

The crime of this case is an act of arranging a contract to open a mobile communications terminal device on the condition of financing funds, which is an act of mediating or mediating a contract to open the mobile communications terminal device, and the act of illegally using the mobile communications terminal device has been mediated over 156 times for a long period of time.

E pays approximately KRW 100,000 per mobile phone, which the defendant opened to the defendant, as a commission for introduction, and the defendant also acquired the profits equivalent to the introduction fee exceeding KRW 15 million due to the crime of this case.

Although the Defendant’s commission of the instant crime reflects the wrongness while committing the instant crime, there is no criminal history, and even considering the equity in the relevant case claimed by the Defendant, the nature of the instant crime is somewhat weak as seen earlier.

In light of the sentencing of similar cases, the sentence imposed by the court below is not too unreasonable.

Taking into account all favorable circumstances to the Defendant as seen earlier, the lower court appears to have determined the punishment by reducing the amount of fine of KRW 20 million in the summary order against the Defendant, and there is no circumstance to reduce the punishment when it comes to the first instance trial.

The above circumstances are different from the defendant's age, sex, environment, motive and circumstances leading to the crime of this case, and circumstances before and after the crime of this case, etc.

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