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Defendant shall be punished by a fine of KRW 5,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
1. A person who transmits any commercial advertisement using information and communications networks in violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc., even though not taking technical measures to automatically generate contact numbers of the addressee
A. From August 1, 2012 to September 1, 2012, the Defendant automatically created a telephone number of KRW 00,000,00 by using a telephone number program (sandl.ex) while working at the second floor of the building B in Ulsan-gu, Ulsan-gu, B, 2012, and then transmitted text messages on loan to the telephone number generated as such;
B. From September 10, 2012 to January 16, 2013, from around September 10, 2012, an office for loan brokerage business (403) was directly operated, the phone number of KRW 00,000 was automatically created using a telephone number program (the phone number) while operating the loan brokerage office (403) in Busan Jin-gu D building 403, Busan, and then the text message for loan advertisement was transmitted to the telephone number generated therefrom
2. A person who intends to engage in loan brokerage business in violation of the Registration of Credit Business, etc. and Protection of Financial Users Act shall register for each place of business the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor, which has jurisdiction over the relevant place of business, and no person who fails to
Nevertheless, the Defendant did not register a loan brokerage business with the competent authority from September 10, 2012 to December 23, 2012, sent text messages related to the loan brokerage business, such as “it is possible to pay from 118,000 to 4,00 won per annum,” which read “it is possible to pay from 118,000 won per annum to 118,000 when using the text messages.”