All appeals are dismissed.

The grounds of appeal are examined.

1. The term "telecommunications" in Article 2 of the Telecommunications Business Act (hereinafter referred to as the "Act") means transmission or reception of codes, words, sounds, or images by wire, wireless, optical, or other electronic means ( Subparagraph 1); the term "telecommunications facilities" means machinery, apparatus, lines, or other facilities necessary for telecommunications for telecommunications ( Subparagraph 2); the term "telecommunications services" means mediating another's communications through telecommunications facilities and equipment or providing telecommunications facilities for another's communications ( Subparagraph 6); and the term "user" means a person who has entered into a contract for the use of telecommunications services with a telecommunications business operator to receive telecommunications services.

(9) Article 30 of the Act provides that no one shall intermediate another's communications or provide it for another's communications using the telecommunications services provided by a telecommunications business operator, except for the cases where a user allows a third party to use it to the extent that it has not been repeatedly used (Article 4). Thus, it is reasonable to view that the act of a user, who has entered into a contract for the use of telecommunications services with a telecommunications business operator, transfers to a third party the conviction where the user's identity information, etc. is stored on the mobile phone terminal purchased in advance by the user who has entered into the contract with the telecommunications business operator, and ultimately causes a third party to use it constitutes a case where a telecommunications

2.(a)

The summary of each of the facts charged against the Defendants (excluding the acquittal portion) is as follows: (a) the Defendant opened in its name a mobile phone-based subscriber recognition raft (USIM, hereinafter referred to as the “SIM”) and sells it to customers by cutting the mind on the public cell phone purchased in advance.