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(영문) 인천지방법원 2012.08.08 2012고단6298
대부업등의등록및금융이용자보호에관한법률위반등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 4,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Any person who intends to engage in credit business in violation of the Registration of Credit Business and Protection of Financial Users Act shall register the relevant place of business with the competent administrative agency having jurisdiction over the relevant place of business, and if any unregistered credit service provider lends a loan, the interest rate shall not exceed 30/100 per annum;

On April 1, 2012, the Defendant, at the Defendant’s house located in the Nam-gu Incheon Metropolitan City B apartment No. 103, 307, without registering credit business, advertised “C and mobile phone small payment” on the Internet Nuribber car page without registering credit business, and then purchased the “nets” from the “nets” through the mobile phone of D which wants to borrow the loan, and remitted the remainder of KRW 90,000 after deducting KRW 38,500 from the above loan applicant under the name of prior interest, etc., and the principal shall be paid in full on the date of payment of the user fee for the mobile phone of the above loan applicant.

The Defendant borrowed 64,539,500 won in total over 550 times from April 1, 2012 to May 13, 2012, as indicated in the attached list of crimes, and received approximately 182.5% per annum from loan applicants as interest, commission, etc.

The Defendant, while running a credit business without registering the credit business, extended a loan exceeding the statutory interest rate.

2. No person who violates the Act on Promotion of Information and Communications Network Utilization and Protection, etc. shall lend money to a user of telecommunications billing services through the purchase of goods, etc. purchased or used by the user of telecommunications billing services at a discount.

The Defendant, at the same time and place as referred to in the preceding paragraph, has the borrower E’s mobile phone settlement in the same manner as that referred to in the preceding paragraph, purchase KRW 42,800,000, which is about 70.09% of the settlement amount.

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