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(영문) 서울북부지방법원 2017.11.16 2017고단3928

대부업등의등록및금융이용자보호에관한법률위반

Text

The punishment of a defendant shall be eight months.

The execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant raised money at the Defendant’s home located in Dobong-gu Seoul Metropolitan Government by using the so-called “on-line microphone settlement tin.”

1. No one, other than a credit service provider, shall place an advertisement for loan business;

During the period from July 1, 2016 to March 31, 2017, the Defendant attached to the Dobong-gu Seoul Metropolitan Government, Jung-gu, and Yeongdeungpo-gu, to the walls, telegraph poles, etc. the phrase “as soon as possible immediately after KRW 5 to 500,000,00,000 regardless of the LG radio operator,” stating “The maximum purchase of one set of stop, stop, door, and piracy.”

The Defendant, not registered credit service providers, advertised the loan business.

2. Where it is intended to conduct a loan business, it shall file for registration with the Mayor/Do Governor having jurisdiction over the relevant place of business;

During the period from July 1, 2016 to March 31, 2017, the Defendant lent KRW 803,168,210 in total over 4,371 times, as shown in attached Table 1, to those who reported and contacted in the Defendant’s house in an area such as Dobong-gu Seoul, Seoul.

The defendant provided side services without registering with the Mayor/Do Governor having jurisdiction over this case.

3. Where an unregistered credit service provider grants a loan to an individual, etc., the interest rate for the loan shall not exceed 25% per annum.

On January 1, 2017, the Defendant received personal information, such as “the mobile phone number, date of birth, the mobile phone subscription company, and the financial account number,” from G, which requested a loan through settlement of the amount of a mobile phone at the Defendant’s home, and then purchased gift certificates equivalent to KRW 300,000,000, and then transferred KRW 220,000,000 to G to pay along with the mobile phone charges.

The Defendant, while lending KRW 220,000,00 to one month, was in violation of the interest rate limit by 80,000 won (320% per annum) as well as from around that time.

3. Between August 1, 200, the sum of 1,193 times as shown in Appendix 2, as shown in Appendix 2.