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(영문) 인천지방법원 2018.06.04 2017고단8733
전기통신사업법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

No person shall open a mobile communications terminal device which enters into a contract for the provision of telecommunications services in another person's name on the condition of providing or lending funds, and use the telecommunications service provided to the mobile communications terminal device or use it for the collection of the relevant funds.

1. On March 15, 2017, the Defendant sought a large phone number to be indicated in the name of the advertisement in order to engage in a registered loan business without registration on March 15, 2017, and used the phone number after paying KRW 560,000 to C, who is a book of prepaid supply, at an influence place, and receiving four prepaid chips opened in the name of a person without registration from C.

2. On April 14, 2017, the Defendant paid KRW 560,00 to the above C on the same ground as indicated in paragraph (1) around April 14, 2017, and used four prepaid chips opened in the name of the deceased and wounded by the said C.

Accordingly, the Defendant used telecommunications services provided to mobile communications terminal devices that are opened in another person's name, subject to the provision of funds.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. The legal statement of the witness C;

1. Application of the Acts and subordinate statutes of Daegu Bank in the name of D;

1. Article 95-2 subparagraph 2 of the same Act and Article 32-4 (1) 1 of the Telecommunications Business Act (or choice of imprisonment with prison labor) concerning facts constituting an offense;

1. Determination as to the Defendant and his/her defense counsel’s assertion of concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. The alleged defendant and his defense counsel are to transfer money, but the defendant used only one of the four prepaid chips as set forth in Paragraph 1 of the holding by F, and the prepaid chips as set forth in Paragraph 2 of the holding are not yet delivered.

The argument is asserted.

2. Determination

A. The Defendant and the defense counsel on the assertion that only part of the prepaid chips under the judgment of the court below were used, together with the Defendant “F” as to the circumstances of the case.

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