The judgment below

The part of the Defendants is reversed.

Defendant

A Fines 4,000,000 won, Defendant B shall be punished by fine 5,00.

Summary of Grounds for Appeal

misunderstanding of facts and misunderstanding of legal principles on behalf of the foreign customers who find a mobile phone dealer in order to open a mobile phone at the weekend, the Defendants opened a mobile phone-based subscriber type boiler (USIM) in the name of the Defendants, as shown in the facts charged of this case, and sold the said conviction by inserting it into a mobile phone terminal in the name of the customer. Article 5 (Classification, etc. of Telecommunications Business) of the Telecommunications Business Act (i.e., telecommunications business) ① Telecommunications business is classified into common telecommunications business, special telecommunications business, and value-added telecommunications business.

(2) The common telecommunications business shall install telecommunications line equipment and facilities, and thereby provide telecommunications services.

(3) The special category telecommunications business shall be as follows:

1. A person who obtained a license for a key telecommunications business under Article 6 (hereinafter referred to as “key telecommunications business operator”) registered the actual user of the sold mobile phone (hereinafter referred to as “felcom”) to the virtual telecommunications network operator, a business that provides key telecommunications services, using telecommunications line facilities, etc. of a person who obtained a license for a key telecommunications business under Article 6 (hereinafter referred to as “key telecommunications business operator”).

Considering the fact that the Defendants’ act of sale was ① registered with the said specific telecommunications business operator and that it is possible for the actual user to inquire about the said specific telecommunications business operator; ② telecommunications business operator reports the same as the actual user under the name of the inquiree or the actual user; ③ the user registration procedure is in accordance with the Telecommunications Business Act; and the telecommunications business operator is qualified when the Defendants filed an application for the registration of the user; and accordingly, the Defendants’ act of sale falls under any of the following subparagraphs under Article 97 (Penal Provisions) of the Telecommunications Business Act, Article 97 (Penal Provisions) of the Telecommunications Business Act.