Supreme Court: Using SIM Cards Registered Under Another Person's Name Constitutes Punishable Illegal Activity

Corresponds to Unauthorized Use of Terminal Device

[Image source=Yonhap News]

[Asia Economy Reporter Kim Hyung-min] Using a mobile phone registered under someone else's name through fraudulent means is punishable. But what if someone uses their own mobile phone while stealing another person's USIM chip? In a trial where this issue was contested, it was ruled that stealing a USIM chip is punishable just like the mobile phone itself.

The Supreme Court's 2nd Division (Presiding Justice Ahn Cheol-sang) announced on the 4th that it overturned the lower court's acquittal in the appeal trial of A (35), who was indicted for violating the Telecommunications Business Act, and remanded the case to the appellate court. A, who habitually committed fraud, purchased a mobile phone USIM chip registered under another person's name for 600,000 won in January 2019, attached it to his own mobile phone device, and used it for two months to evade investigation by authorities. The prosecution indicted A on charges of violating the Telecommunications Business Act.

The first trial found him guilty of the charges, but the second trial acquitted him, stating that "a USIM chip does not constitute a mobile communication device." The prosecution appealed this ruling.

The Supreme Court judged that the second trial's decision was legally erroneous. The court stated, "'Unauthorized use of a mobile phone device' includes not only opening and using a device directly under another person's name but also receiving and using it from someone else," and added, "Since a USIM chip and a device must be activated together to be used, device activation should naturally include or presuppose USIM activation." Accordingly, "A's actions fall under punishable conduct and constitute 'unauthorized use of a device' prohibited by law," the court pointed out.

This content was produced with the assistance of AI translation services.