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(영문) 창원지방법원 마산지원 2014.02.04 2013고정110
대부업등의등록및금융이용자보호에관한법률위반등
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

. The gist of the instant facts charged is the person running an unregistered credit business in the Internet item transaction site, which is the Internet item transaction site. A. The Defendant is a person running an unregistered credit business.

Any person who intends to engage in credit business, in violation of the Act on the Registration of Credit Business, etc. and the Protection of Financial Users, is registered with the competent Mayor/Do Governor, but without registration, the defendant uses the Internet-owned computer connected to the defendant at the place of residence located in the Masan-si, Masan, Changwon-si around January 1, 2012.

게시판에 “*신용*스피드 넥슨거래 1만당 8500 삽니다”라는 대부업에 관한 광고를 게재하여 위 소액대출 광고를 보고 전화한 피해자 E으로부터 5만 원 대출을 요청받자 인터넷 아이템매니아 사이트에 접속한 후 피해자로부터 넘겨받은 개인정보를 이용하여 피해자로 하여금 휴대폰 사용대금으로 결제토록 하였다.

At the same time, the Defendant remitted 37,500 won, which is the annual interest calculated by deducting 12,500 won from the amount requested for loan from KRW 50,000,000, to the victim.

From that time until December 28, 2012, the Defendant loaned a total of KRW 4,303,200 over 66 times, as indicated in the annexed Table of Crimes, and received KRW 881,378 in total equivalent to the average of approximately 238% from the victims, and carried on unregistered credit business by means of collecting interest from the telephone fee of the requester for the next month.

(b) Where an unregistered credit service provider in violation of the Registration of Credit Business, etc. and Protection of Financial Users Act lends a loan, the maximum interest rate under the loan contract shall not exceed 30 percent per annum, notwithstanding that the loan does not exceed 30 percent per annum.

(2) at such time as provided in paragraph (1).

It shall be transferred from the victim E who received a request for a loan of KRW 50,000 from the victim E who received a report on the small loan advertisement.

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