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(영문) 전주지방법원 2017.11.08 2017고정620

대부업등의등록및금융이용자보호에관한법률위반

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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant, on his duty, is a person who acts as a member of the World Cup behavior group (subject to management), which is a violence organization in the Jeonju area.

A person who intends to run a loan business or a loan brokerage business shall file for registration with the Mayor/Do Governor having jurisdiction over the relevant place of business, and shall not place an advertisement about the loan business, if the person is not a credit service provider or a credit financial institution.

Nevertheless, on January 24, 2015, the Defendant, using his mobile phone in Seojin-gu Seoul Special Metropolitan City on January 24, 2015, has opened “Faceok's account (Faceok) in the name of the Defendant using his mobile phone, with the “Faceok for the need of vehicle security,” and opened the phone liquor tax on all vehicles.

The advertisement of the “loan Business” was posted on a one-time basis, without registering the loan business, and was advertised on the loan business to many and unspecified persons.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation;

1. Investigation report (verification of a notice posted for business advertisement related to Pacebook (Faceok in suspect A) in the name of the suspect);

1. An investigation report (related to verification as to a suspect and a credit service provider without registration);

1. Application of Acts and subordinate statutes to the integrated inquiry of registered loan companies;

1. Article 19(1)3 and Article 9-2(1)1 of the Act on the Protection of Financial Users, Etc. (Amended by Act No. 13445, Jul. 24, 2015; Act No. 1345, Jul. 24, 2015; Act No. 1354, Feb. 1, 201; Act on the Protection of Financial Users;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act provides for the following factors: (a) even though the Defendant did not register his/her lending business, the Defendant advertised his/her lending business; (b) the Defendant has been punished several times due to this type of crime; and (c) the Defendant reflects his/her mistake; and (d) the Defendant’s favorable sentencing factors, such as the fact that the Defendant has no criminal record of the same kind of crime, shall be determined by taking into account the factors favorable to the Defendant.