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(영문) 인천지방법원 2013.10.29 2013고단3719
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendants’ co-principal Defendant A provided funds to Defendant B and Defendant B conspired with each other to lend funds received from Defendant A to a person who requested a loan to him/her and distribute profits from interest.

Any person who intends to engage in credit business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor or Special Self-Governing Province Governor who has jurisdiction over each place of business.

On February 26, 2008, the Defendants loaned KRW 188,000,000 to G, without being registered with the competent authority, after deducting KRW 12,00,000 from the two-month interest, from that time, the Defendants loaned KRW 565,00,000 in total over six times as shown in the attached crime list (1).

Accordingly, the Defendants conspired to engage in credit business without registering it with the competent authorities.

2. Defendant A

(a) A person who intends to engage in credit business in violation of the Registration of Credit Business and Protection of Financial Users Act shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor, who has jurisdiction over

On February 16, 2009, the Defendant received 500,000 won as interest from B to B for five days from February 16, 2009, and loaned 100,000 won to B.

(b) No employee of a public institution that processes personal information in violation of the Personal Information Protection Act shall divulge or process such personal information obtained in the course of performing his/her duties, provide such information to any third person for improper purposes;

The defendant is a public official working in the department of local tax affairs in the Incheon Dong-gu Office who is an employee of a public institution that strictly manages personal information of the local tax information system.

On September 1, 2008, the Defendant has access to the above local tax information system in order to verify the property, etc. owned by B after lending funds at the tax office of the Incheon Dong-gu Office, and after lending funds through B.

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