A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

The Defendant is a person who operates “D”, a mobile phone sales store in Daegu-gu C.

E, etc. operating TM (te) companies, etc., sent text messages on small-sum loans to many unspecified persons, which were collected through the Internet without permission, and explain to the Defendant, “A mobile phone fee is not claimed because a mobile phone is terminated if a loan is possible by opening a mobile phone, and a mobile phone is repaid if a loan is repaid.” If a loan applicant sent a copy of identification card necessary for the loan, a copy of the certificate of personal seal impression, and a copy of the passbook account (hereinafter referred to as “written identification card, etc.”) by facsimile, he/she issued such text messages to the Defendant via a false statement.

The Defendant: (a) voluntarily prepared an application for the purchase of a mobile phone using a copy of the identification card, etc. of the loan applicant; (b) sent it to the agency; and (c) opened the mobile phone under the name of the loan applicant; and (d) disposed of it to a third party under the name of the third party; and (c) conspired with E, etc. in order to commit the crime of “business of lending a mobile phone” under the name of the loan applicant by imposing the mobile phone fee, etc. on the loan applicant.

Accordingly, on December 13, 2012, the Defendant: (a) received documents for opening a mobile phone from the victims, and opened the mobile phone in the name of the loan applicants; and (b) disposed of the opened mobile phone to a third party as a "largephone"; and (c) received a copy of the victim F identification card, etc. from the victim in the name of the victim through the online service, and then sent it to the mobile phone agency, and then opened the cell phone in the name of the victim.