Defendant

Kim Jae-at (prosecution) and the hearing of ordinary people;

Attorney Lee Nam-he

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The defendant is a person who engages in a registered credit business under the trade name of Magna.

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

Any person who intends to run a credit business shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business.

Nevertheless, on July 2015, the Defendant, without registering with the competent authority, posted an advertisement letter stating the phrase, such as (Internet address omitted), ○○○○, and △△△△△△, on the Internet website, including “small-value loans and small-value cashing,” and then called Nonindicted Party 1 (the Nonindicted Party: the Nonindicted Party) to pay small-amount of 45,000 won for cultural products, such as Ireland, and to notify him/her of the number of the fin number of the certified cultural products right after purchase, and then deducted KRW 10,00 which is 22% of the face value of the cultural products right purchased by the said Nonindicted Party 1 as a prior interest, and loaned KRW 35,00,000 which is the remaining 77.8% of the face value of the cultural products right purchased by said Nonindicted Party 1, and thereafter thereafter, operated credit business from July 28, 2015 to January 10, 2015, including loaning KRW 35,005.

Accordingly, the Defendant carried on unregistered credit business.

2. Violation of Information and Communications Network Utilization Promotion Act.

No one shall cause a user of telecommunications billing services to purchase or use goods or services through telecommunications billing services and then purchase goods or services at a discount.

Nevertheless, from July 28, 2015 to November 30, 2015, the Defendant loaned a total of KRW 295,190,050 on a total of 5,089 occasions, as shown in the attached list of crimes, by purchasing cultural products purchased by users of telecommunications billing services using small payment in the same manner as described in paragraph (1) from July 28, 2015 to November 30, 2015.

1. Partial statement of the defendant;

1. Each police protocol on Nonindicted 2, Nonindicted 3, Nonindicted 4, and Nonindicted 5

1. Each written statement of Nonindicted 6, Nonindicted 7, Nonindicted 8, Nonindicted 9, Nonindicted 10, Nonindicted 11, Nonindicted 12, Nonindicted 13, and Nonindicted 14

1. Each internal investigation report (Evidence Nos. 1, 3, and 4), telephone conversations, each investigation report (Evidence List Nos. 5, 6, 9, 16, 18, 19, and 22), replys to financial transaction information, each replys (Evidence List Nos. 11 through 14), and separate accounts;

[Defendant asserts to the effect that ① purchased fin number from persons who intend to sell merchandise coupons and paid the price thereof. This is merely a discount purchase of merchandise coupons and cannot be deemed as a credit business under the Act on Registration of Credit Business and Protection of Finance Users. ② Gift certificates constitute securities and are not included in “goods” as prescribed by the Act on Promotion of Use of Information and Communications Network and Protection of Information Protection, etc., and ③ users of telecommunications billing services have not directly participated in purchasing goods, etc. using telecommunications billing services. Therefore, in full view of the evidence held by the Supreme Court, it is reasonable to accept the Defendant’s act of purchasing merchandise coupons and selling merchandise coupons by using communications and services to the persons who intend to obtain small loans, and to allow them to purchase merchandise coupons and pay money after deducting a certain amount of money from the Defendant’s business operator as prior interest and discount. Meanwhile, it is reasonable to view that the Defendant’s act of purchasing merchandise coupons and lending money to the Defendant’s business operator to the extent that it did not constitute an information and communications purpose of collecting the above fixed amount of money from the Defendant’s business operator.

1. Article applicable to criminal facts;

Articles 19 (1) 1, 3 (1) (the occupation of unregistered credit business), and 72 (1) 4 (b) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (the occupation of self-financial services through telecommunications billing services) of the Act on Registration of Credit Business, etc. and Protection of Finance Users

1. Selection of punishment;

Each Imprisonment Selection

1. Aggravation for concurrent crimes;

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

1. Suspension of execution;

Article 62(1) of the Criminal Act (Consideration of favorable Circumstances among the Reasons for Sentencing below)

【Scope of Recommendation】

Type 2 (Unregistered Credit Business) (Unregistered Credit Business, etc.) for Violation of the Credit Business Act

【Special Convicted Persons】

None

* Compliance with the lower limit because it is concurrent with the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. without sentencing criteria

【Determination of Sentence】

The defendant allowed a person who wants to obtain small loans to pay cultural products using smartphones, etc., sold the Fin number to a merchandise coupon business operator, and granted a loan to the face value of cultural products after deducting the amount as a prior interest, and the amount of the loan is not so small that the amount of the loan is not so minor.

However, the defendant is the first offender, and all facts are recognized and reflected, and the punishment shall be determined as ordered in consideration of the defendant's age, character and conduct, environment, circumstances leading to the crime, means and methods, results, and other conditions of sentencing, such as the circumstances after the crime.

Judges Mak-hee