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(영문) 의정부지방법원 2014.05.15 2014고단701
개인정보보호법위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

1. The Defendants’ co-principals Defendant A is an operator of a mutually borrowed business with the trade name “J” located in the Gu Government-Si I, and Defendant B is an employee of Defendant A as the above J’s representative.

Where a credit service provider lends a loan to an individual or a small-scale corporation prescribed by Presidential Decree, the interest rate shall not exceed 39/100 per annum prescribed by Presidential Decree, and no one shall lend a loan to a user of telecommunications billing services through purchase or use of goods through telecommunications billing services and then purchase at a discounted price.

Nevertheless, the Defendants placed an advertisement of small-sum settlement of mobile phone at a living information site, such as rice Luxembourg market, or screen race track, and granted loans to loan customers after deducting interest from interest, and at the same time, made the customers settle goods, coophones, etc. through the mobile phone settlement method in the Internet shopping mall, etc., and they want to collect the loans by receiving the goods, coophones, etc. on behalf of the customers and resale them on the Internet.

On August 11, 2013, the Defendants conspiredd as above to L to obtain a loan of KRW 298,000 from the victim K who called a small amount of advertisement at the said J, and subsequently purchased scners, etc. by making small payment with the victim’s mobile phone, and made the victim claim for the amount of small payment from the victim’s mobile phone usage.

In this process, the Defendants transferred 149,000 won, which is the amount obtained by deducting 149,000 won from 298,000 won of the victim’s loan request from the victim to the agricultural bank account of the victim, to receive 300% interest exceeding 39% of the statutory interest rate, and provided funds to the victim through purchase at a discount of the above soner, etc.

The Defendants from around that time to February 6, 2014.

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