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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
No person shall use telecommunications services provided to a mobile communications terminal in the name of another person by opening a mobile communications terminal that enters into a contract for the provision of telecommunications services, on condition that he/she provides or lends funds, or use telecommunications services for the collection of the relevant funds.
After establishing the company “B” as the operator of the company “D,” the Defendant knew that he/she collected the mobile phone under his/her name and used it for the collection of the funds. However, on May 2, 2015, the Defendant: (a) opened the I G4 mobile phone via the IG mobile phone and delivered the relevant mobile phone to “D” for the purpose of receiving a certain amount of money for opening the mobile phone from “D” or obtaining rebates from opening the mobile phone; and (b) assisted the act of collecting the funds to use the mobile phone by opening the mobile phone via the IG4 through the H’s subscription application sent from “D” on May 2, 2015, as indicated in the attached list of crimes, from May 2 to December 23, 2015 to December 23, 2015.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of the witness C and J;
1. The criminal place, investigation report (in relation to separation and transmission, suspect personal history, preparation of a list of crimes, etc.) / [The credibility is recognized in light of the fact that C’s statement, which operated D, is consistent, specific, and different from that in this court, its attitude to make a statement in this court, the J’s statement also conforms to it, and the Defendant made a visit to D at an investigative agency (Evidence No. 203 of the evidence record), and that the above “D” was not a normal sales store (No. 4 of the record of the court record)]; the application of the law is recognized]
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;