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(영문) 대전지방법원 천안지원 2017.04.13 2016고정823
신용정보의이용및보호에관한법률위반등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant served as an employee of a new credit information company (hereinafter referred to as "new credit information"), a licensed creditor collection company, and went back on November 19, 2015. The Defendant did not have the right to receive fees for the debt collection from the victims based on the new credit information and the existing credit information collection contract that the victim C had concluded.

Nevertheless, the Defendant demanded payment of fees to the victim as if he/she had the right to receive the credit collection fees for the victim's new credit information, and it received 2.3 million won from the victim to the agricultural bank head in the name of the defendant Nam-dong D on December 24, 2015 as the credit collection fees.

After all, the defendant acquired 2.3 million won from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (C);

1. Application of Acts and subordinate statutes to a contract delegated to collect claims and investigate credit, a detailed statement of transactions of automation machinery, and a resignation;

1. Article 347 of the Criminal Act applicable to the relevant criminal facts, Article 347 (1) of the Criminal Act, and the selection of fines;

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

1. The portion not guilty, including the method and amount by which the criminal facts on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act are recorded, by which the criminal defendant returned KRW 2.3 million to the victim on February 21, 2017, and thereby the damage was restored, and the criminal record of the defendant’s criminal punishment.

1. To engage in claims collection business under the facts charged, permission from the Financial Services Commission shall be obtained;

Nevertheless, on December 24, 2015, the Defendant, without permission, demanded the creditor C to pay the debt collection fee of KRW 10 million from the obligor E from the Won-si, Seosan-dong, Seogdong, Seosan-gu, Seoul, to pay the debt collection fee. On the same day, the Defendant received 2.3 million won as the debt collection fee from the defendant under the name of the head of Tong Dong-dong, the Defendant carried out the credit collection business.

2. Determination.

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