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(영문) 서울남부지방법원 2009. 11. 26. 선고 2009고정2275 판결
[대부업의등록및금융이용자보호에관한법률위반·전자금융거래법위반][미간행]
Escopics

Defendant

Prosecutor

The benefits shall:

Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted by 50,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

1.No credit business may be conducted without being registered with the authorities, and unregistered credit service providers shall not receive interest exceeding the interest rate limited.

A. On October 1, 2008, the Defendant, without registering a credit business, extended a loan of KRW 12 million to Nonindicted Party 1 in the “△△△△” coffee shop located at the ○○○○○○○ Dondong-dong, a written confirmation from Nonindicted Party 1’s children, Nonindicted Party 2, who participated therein, and received a written confirmation from Nonindicted Party 2, about KRW 1,200,000,000,000 for 120,000 won and interest on the one-time repayment, subject to the repayment of KRW 1,20,000,000,000 for 1,70,000 won per annum, and received KRW 1,59.9% per annum.

B. On December 15, 2008, the Defendant, upon receiving an application for additional loans from Nonindicted 1, 12 million won (the principal and interest on the previous loan + 500,000 won + KRW 500,000,000 each time 1,40,000 won, 140,000 won each time, on the condition that 1,400,000 won shall be repaid for 1,50,000 won each time at a coffee shop, etc. located in Gangseo-gu Seoul Metropolitan Government, and 7,000,000,000 won each time after this framework shall be loaned as principal in substance, including 2,00,000 won, and 144,000 won per annum 136.2% per annum.

2. The principal and interest of a loan of KRW 10 million in the above 1-A was already repaid, and the debt of Nonindicted Party 2 was already rescinded. Nonindicted Party 1 urged to pay the outstanding amount of the loan of the above 1-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B

From January 8, 2009 to March 2009, the Defendant used a mobile phone at the Defendant’s residential seat, and the Defendant’s non-indicted 2, the victim, who is Samsung E&M, was the victim of Samsung E&M, using a mobile phone, with the intent to use the mobile phone to “B is a large enterprise, and has many people who know about Samsung E&M. It is well known that the employees of the ethmthm large enterprise have a sensitive atmosphere to make abrupt by causing a little amount of water, and therefore, they do not have to pay the full amount of KRW 8.77,00,000,000 until now, there is a loan certificate that was received first, and our company may seize these money for a long time, and if it is not paid promptly, it would have the benefit to be disadvantaged in terms of image and social status at the workplace by seizing the phone call and text messages and repeatedly transmitting it to the victim under a loan agreement, so long as there is no obligation to protect the victim’s performance of guaranteed obligation.

3. In electronic financial transactions, the means of access shall not be transferred, acquired or pledged without permission.

Nevertheless, around the beginning of August 2008, the Defendant acquired the means of access by taking over one debit card from Nonindicted 3 in front of the Guro Station located in Guro-gu Seoul Metropolitan Government.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspect against Nonindicted 3

1. Statement of the police statement against Nonindicted 1 and 2

1. Details of transactions;

1. A copy of deposit passbook;

1. Investigation report (in calculating the interest rate for days);

Application of Statutes

1. Article applicable to criminal facts;

Articles 19(1)1, 3(1), 19(2)2, 11, 8(1), 19(1)4, 11, and 10(1)1 of the former Act on Registration of Credit Business and Protection of Finance Users (Amended by Act No. 9344, Jan. 21, 2009; Act No. 9342, Apr. 22, 2009); Articles 49(5)1, and 6(3) of the former Electronic Financial Transactions Act (Amended by Act No. 9325, Dec. 31, 2008);

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

It is so decided as per Disposition for the above reasons.

Judges Seog-man

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