beta
(영문) 인천지방법원 2013.08.30 2013노1625

대부업등의등록및금융이용자보호에관한법률위반등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles, and unreasonable sentencing)

A. The Defendant’s purchase of game money at a discounted rate from clients with a small-amount settlement of mobile phone does not constitute “loan” under the Act on Registration of Credit Business, etc. and Protection of Finance Users.

B. The defendant has already been sentenced to three years of imprisonment for violating the Act on Registration of Credit Business, etc. and Protection of Financial Users. The above judgment becomes final and conclusive. Since the crime of this case is related to the crime of which judgment became final and conclusive, the judgment of acquittal should be pronounced

C. The Defendant registered a credit business, and the facts charged

1.(a)

subsection (d) of this section shall be acquitted.

The sentence of imprisonment (six months of imprisonment, confiscation) imposed by the court below against the defendant is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court, the Defendant: (a) sent text messages to an unspecified large number of mobile phones with the following facts: (b) the Defendant: (c) purchased game money with the client’s cell phone numbers after receiving personal information, such as the cell phone number, the amount that the Defendant wants to pay, and the deposit account number, from the requester who reported the aforementioned text messages to the phone; and (d) then then, then, then, (e) entered the client’s information in the Internet cyber money brokerage site “H”; (e) transferred cash amounting to 60% of the settlement amount to the client’s account by commercializing the said game money; and (e) the clients reported the “port money purchase” text messages rather than the contents of purchase to the Defendant.