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(영문) 서울북부지방법원 2017.02.22 2016고단5170
정보통신망이용촉진및정보보호등에관한법률위반등
Text

Defendant

A and Defendant B shall be punished by imprisonment with prison labor for one year, by a fine of 30 million won, by imprisonment with prison labor for one year and six months, and by a fine of 50 million won.

Reasons

Punishment of the crime

The Defendants: (a) requested the program developer D to provide a program developer with an entry consultation, and (b) registered with the Gu Round, a mobile market, a mobile online service provider, with a small-amount settlement of mobile phones; (c) deposited 50% of the settled amount after deducting the pre-paid amount from the pre-paid interest in cash in the account of the mobile phone users; and (d) the Defendants conspired to provide a loan using small-amount settlement in the manner of receiving the amount, excluding the fees due to be paid in the previous text, out of the settled amount, through the settlement process with the old text, the provider of telecommunications and the gold service.

1. Joint crimes committed by Defendant A and Defendant B

(a) Any person who violates the Act on the Registration of Loan Business, etc. and the Protection of Financial Users shall register his/her loan business or loan brokerage business with the administrative agency having jurisdiction over the relevant place of business and shall not collect interest exceeding the interest rate prescribed by Presidential Decree;

However, on September 25, 2015, the Defendants posted an advertisement on the Internet bulletin board, stating “fixment of information usage fees” and “small-amount cash settlement,” using a computer installed within the F Institute located in the E and 402 at the time of the sports strike on September 25, 2015, the Defendants sent the Internet address where “H” would be downloaded with “H” and sent cash, except for service fees, upon paying a small-amount amount equivalent to counseling fees, after having G pay a small-amount amount of 1.50,000 won via a cell phone, and then having G pay a total amount of 125,000 won after deducting the total amount of settlement from the total amount of settlement in G account from August 16, 2015 to August 29, 2015.

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