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(영문) 수원지방법원 2012.08.16 2012고정1303
정보통신망이용촉진및정보보호등에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who has operated a unregistered loan brokerage company in the trade name of “B finance” from March 1, 2011 to March 30, 2011.

1. No person who violates the Act on Promotion of Utilization of Information and Communications Network and Protection of Information shall transmit any advertising information for profit-making purposes for goods or services by a recipient's telephone through an information and communications network without the prior consent of the recipient

Nevertheless, from March 6, 2011 to March 30, 2011, the Defendant used a mass text delivery program, “E,” “E,” which was provided from D in the PC bank near the Gangnam-gu Seoul Northern river basin, Seoul, the head of the BBF team may approve KRW 1 million.

2. On March 6, 2011, the Defendant sent advertising letter 258,928 to many unspecified persons, which is called “E”. The Defendant, while operating “B Finance” of a credit brokerage company without registration, sent advertising letter on the loan brokerage business as described in paragraph (1). On March 6, 201, the Defendant, who violated the Resident Registration Act, was admitted to “E”, which is the site of mass text delivery, operated by D at the office of Gangnam-gu Seoul Metropolitan Government (Seoul), used the name and resident registration number (H) of G, which was a customer, and used the said G’s resident registration number unlawfully by making “I” ID.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of suspect examination of the police about D;

1. Police suspect interrogation protocol of the accused (including attached documents);

1. A copy of the intelligent SP service use contract;

1. A copy of each protocol of seizure and the list of seizure;

1. A copy of the resident registration certificate;

1. Application of Acts and subordinate statutes to investigation reports and telephone communications for reference;

1. Article 74 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. concerning criminal facts;

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