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(영문) 서울북부지방법원 2013.05.23 2012고정3518
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who engages in unregistered credit business in the name of “C” on the Barnet set.

1. Violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users;

(a) Any person who intends to operate a credit business shall register with the competent Mayor/Do Governor;

Nevertheless, from February 1, 2012, the Defendant opened a car page "E" on the Internet site in the Defendant's residence located in Dongdaemun-gu Seoul, Dongdaemun-gu, and advertised small-sum settlement credit business.

The Defendant: (a) requested F to purchase game items in the Internet item transaction site, "the cembe.com", which is an Internet item transaction site; (b) had the seller of the game item and the buyer purchase a mobile phone small-sum game item, through false transactions; and (c) borrowed KRW 60,000,000,000,000 won, which is 60% of the small-sum settlement amount; and (d) received interest on KRW 40,000,000,000 as prior interest.

From the above date to March 1, 2012, the Defendant extended a total of KRW 4,028,500 to 29 persons, as described in the attached list of crimes, by means of the foregoing method, and operated unregistered credit business by receiving KRW 830,398 in total under the name of the prior interest, and repaying the amount from the telephone fee of the borrower for the next month.

(b) Where an unregistered credit service provider grants a loan, the maximum interest rate under a contract for lending of money shall not exceed 30 percent per annum;

As described in paragraph (1), the Defendant received interest equivalent to 72.25% from the borrower F, etc., on 32 occasions, and loaned the loan exceeding the highest interest rate.

2. Any person who violates the Act on Promotion of Information and Communications Network Utilization and Protection, etc. shall have a user of telecommunications billing services purchase or use goods.

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