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(영문) 서울남부지방법원 2013.07.08 2013고정1802

정보통신망이용촉진및정보보호등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On February 29, 2012, the Defendant registered a loan brokerage business with the trade name “C” in the Nam-gu Incheon Metropolitan City B 401, and employed six loan consultants, including F, with the trade name “E” from June 25, 2012 to October 31 of the same year, from June 25, 2012, and from D and C of Gangseo-gu Seoul Metropolitan Government and from October 31, 2012.

1. No one may transmit advertising information for goods or services prohibited by the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. or any other Act through an information and communications network, and no one, other than credit service providers or credit financial institutions, may place an advertisement for credit business;

The defendant from July 31, 2012 to the same year without being registered as a credit service provider.

8.3. By the end, the advertisement number “H” was sent to a large number of unspecified mobile phones, as indicated in the attached list of crimes, by linking the above C office with IDs, where it is impossible to know the e-mail of the text transmission site (G) with a view to arranging the lending of those who need loans, as indicated in the attached list of crimes.

Accordingly, the Defendant transmitted advertising information prohibited by the Act on Registration of Credit Business, etc. and Protection of Finance Users using information and communication network.

2. Any person who transmits advertising information for profit is prohibited from taking technical measures. On June 28, 2012, the Defendant took technical measures to automatically create one million numbers of the addressees using a serial program for the purpose of soliciting persons who need to provide loans by transmitting advertising information to many unspecified mobile phones at the above loan brokerage office.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Records of seizure and the list of seizure;

1. Request for the provision of unlawful brochures transmission materials, details of reports on illegal brochures, and communication materials;