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(영문) 인천지방법원 부천지원 2013.04.04 2012고정2218
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

[Criminal Justice] On December 17, 2012, the Defendants were sentenced to three years of imprisonment with prison labor for Defendant B, and three years of suspended execution with prison labor for Defendant A for two years, and the above judgment became final and conclusive on March 29, 2013.

【Criminal Facts】

1. Defendant B

A. Around 12:00 on March 6, 2012, the Defendant: (a) introduced an Internet phone (C) call to the victim D and provided information on living funds by allowing the victim to use the Internet phone (C); and (b) stated, “I would like to provide information on life funds by verifying it to an excellent customer, such as one-time telephone rate to KT and one-time telephone rate is not sealed. There is no interest and several years are no superior. There is no interest; (c) the payment of the telephone fee shall be made in equal installments by the date of the payment; and (d) three million won is possible; (c) the certification number to send the certification number to the Handphone.”

However, in fact, the defendant did not have the intention or ability to lend 3 million won of the loan to the victim, and the defendant tried to pay a small amount of profit by using the handphone number and authentication number of the defendant arbitrarily.

On March 6, 2012, the Defendant received the certification number transmitted from the victim's cell phone (E) from the victim, and had it appear as if the Internet items were purchased by entering it on the website at his own discretion, and paid a small amount of 29,838 won over two occasions in total, and received profits equivalent thereto.

Accordingly, the defendant acquired economic benefits by inputting information without authority into a computer or any other information processing device.

(b) No loan brokerage company that violates the Act on Registration of Credit Business and Protection of Financial Users shall receive any brokerage commission from the opposite contractual party;

Nevertheless, the Defendant, at around 10:42 March 16, 2012, asked F to get a loan by posting a telephone, and then is assigned a certification number transmitted to F's cell phone (G).

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