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(영문) 부산지방법원 2019.02.14 2018고단5219
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act may borrow or lend a means of access for the purpose of using it;

The Defendant, while operating an unregistered lending company, committed the act of borrowing the means of access to another person’s account in order to avoid crackdown by the investigation agency, and used the account for the purpose of receiving the loan from the debtor or for receiving the remittance of the fraudulent crime that ices the loan from the debtor.

Accordingly, around 15:00 on May 15, 2018, the Defendant leased one physical card connected to the D(E) account in front of the Busan Jung-gu, Busan from C for the purpose of using it for crime.

2. Violation of the Act on Registration of Credit Business, etc. and Protection of Finance Users;

(a) Any person who intends to engage in credit business or loan brokerage business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing

Nevertheless, the Defendant did not register with the competent authority on May 9, 2018, and loaned KRW 300,000 to C in the street near the debtor's house located in Busan Jung-gu, Busan, and from April 26, 2018, the same year from around April 26, 2018.

5. Until December 24, 200, a total of KRW 3.6 million was loaned to 11 debtors over a total of 10,000,000, as indicated in the annexed list of crimes, and engaged in unregistered credit business.

(b) Where an unregistered credit service provider lends a loan to an individual or a small corporation, it shall not be paid interest exceeding 24 percent per annum;

Nevertheless, around May 9, 2018, the Defendant loaned KRW 300,000 to C on the condition that C redeems KRW 500,000 from one week to five hundred thousand won on the street near the debtor's house located in Busan Jung-gu, Busan. On May 9, 2018, the Defendant received interest equivalent to KRW 3,476.2% per annum from C on the 15th of the same month, and received interest equivalent to the interest rate of KRW 500,000 from April 26, 2018.

5. Until December 24, 200, the sum shall be as shown in the annexed list of crimes.

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