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(영문) 대전지방법원 2020.06.04 2019고단4477

대부업등의등록및금융이용자보호에관한법률위반

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

No person, other than credit service providers or credit financial institutions, may place an advertisement for credit business.

Despite the fact that the Defendant is not a credit service provider, on May 17, 2017, posted a notice of advertising related to the lending of money, “B of a small amount,” in the Facebook account under the name of the Defendant using a mobile phone at a place where it is unknown from May 17, 2017, so that many and unspecified persons using the Facebook could easily read it, and then posted an advertisement advertisement related to the lending on the loan to the said Pest Account in the same manner eight times in total, as shown in the attached crime list, from around that time to April 2, 2019.

Accordingly, the Defendant, not the credit service provider, advertised credit business.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on notices posted in the Facebook;

1. Article 19 (1) 3 and Article 9-2 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and the Selection of Punishment, etc., and the Selection of Imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act for probation and community service order is an unfavorable circumstance against the defendant, including: (a) determining matters necessary for the registration and supervision of credit business and loan brokerage business; (b) regulating illegal debt collection and interest rates of credit business and credit financial institutions; (c) ensuring the sound development of credit business; and (d) undermining the legislative intent of the Act on Registration of Credit Business, etc. and Protection of Finance Users for the purpose of protecting finance users and contributing to the stabilization of the economic life of the people; and (c) making the Defendant’s advertisement of credit business eight times; and (d) having the records of juvenile protective disposition more than twenty-five times after 2013 and three criminal records.

However, the defendant is now.