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Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by a fine of two million won.
Defendant
B The above fine shall not be paid.
Reasons
Punishment of the crime
Defendant B, on October 19, 2017, sentenced Defendant B to a suspended sentence of two years for a violation of the Telecommunications Business Act at the Sungnam branch of Suwon Friwon, etc. on the grounds of the violation of the Telecommunications Business Act, and the said judgment was finalized on July 3, 2018.
[Criminal facts]
1. The Defendants and D shared crimes committed by the Defendants: (a) opened a mobile phone under the name of another person on the condition that they pay for the mobile phone devices and fees; (b) opened the mobile phone; (c) disposed of the mobile phone with heavy weight; and (d) collected the sales proceeds by using part of the sales proceeds received by opening and disposing of the mobile phone under the name of another person in the same way as that of another person.
D Around July 26, 2016, the victim E made a false statement to the victim E, “A person who lends his/her name to him/her for the purpose of performance and pays the mobile phone price and use fee for six months after opening the cell phone and terminating the cell phone thereafter so as not to cause any damage by cancelling the cell phone.”
However, at the time, Defendants and D were in a situation where they were urged to pay the mobile phone devices and fees under the name of another person, because they did not pay the previous mobile phone devices and fees, and were thought to use the mobile phone sales proceeds opened in the name of the victim as the repayment of the existing obligations or living expenses. Thus, even if they opened the mobile phone in the name of the victim, they did not have the intent or ability to pay the mobile phone devices and fees by proxy.
The Defendants and D, as seen above, by deceiving the victim, obtained identification information in the name of the victim necessary for opening the cell phone from the victim, and opened the Fariphone 1 (G) and Hariphone 1 (I), respectively, and did not pay the sum of the equipment cost and the user fee in total amount of KRW 2,349,340,000.
2. Defendant A
A. The Defendant is guilty.