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(영문) 전주지방법원 2017.11.02 2017고정680
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who engages in entertainment business (C) and is engaged in activities as a member of the World Cup (subject to management) which is a violence organization in the Jeonju area.

A person who intends to run a loan business or a loan brokerage business shall file for registration with the Mayor/Do Governor having jurisdiction over the relevant place of business, and shall not place an advertisement about the loan business, if the person is not a credit service provider or a credit financial institution.

Nevertheless, from October 4, 2016 to November 7, 201 of the same year, the Defendant was rapidly created by using his/her mobile phone in the “C” located in Geumcheon-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City to make it possible for the Defendant to use his/her own mobile phone in the page (Facebok) North Korea (Facebok) of the Defendant’s name, with “30 or more times old (definited credit),” and without any need to contact liquor tax on persons who are acutely high in money, and with no security.

The advertisement of the “loan business” was posted twice and advertised the loan business to many and unspecified persons without registering the loan business.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigative report [verification of a notice on advertisement for business related to Pace North (Faceok under the name of the suspect A), investigation report (verification of whether a credit service provider without registration of the suspect) is a registered lender, integrated inquiry of a registered lender, and reply to the request for cooperation in investigation;

1. Application of the statutes governing the posting of each page (Faceok) advertisement;

1. Article 19 (1) 3 and Article 9-2 (1) of the Act on the Protection of Financial Users and the Registration of Preliminary Loan Business, etc. for Criminal Facts and the Selection of Fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is as follows: (a) the Defendant was engaged in activities as a member of the World Cup, which is a violent organization, and advertised the lending business without being registered by the competent authority; and (b) the substantial purpose of the advertisement is to provide loans to female employees who will work in the “C” operated by the Defendant in light of the motive, circumstance, advertisement period, etc. of the crime.

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