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(영문) 부산지방법원 동부지원 2017.05.11 2017고단218
전자금융거래법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Except as otherwise provided for in any other Act, no person who violates the Electronic Financial Transactions Act shall take over any access medium in using and managing the access medium;

Nevertheless, on May 9, 2012, the Defendant requested that C establish a bank account in the name of the Busan Bank (D) at the branch office of the Geumgu-gu Busan Bank (203-42, Seo-gu, Busan) to the effect that “the creation of one passbook is changed” and taken over the access media such as passbook and password connected to the above account.

2. A person who intends to run a loan business or loan brokerage business in violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users shall register the relevant place of business with the administrative agency having jurisdiction over the relevant place of business, and where an unregistered credit service provider grants a loan, he/she shall not receive interest exceeding the maximum (30% per annum from June 30, 2007 to July 14, 2014; 25% per annum from July 15, 2014) of the Interest Limitation Act.

Nevertheless, without registering a loan business, the Defendant agreed to lend 5 million won to E for a period of three months at a place where it is impossible to know the location of the loan business on July 1, 2013, and the Defendant agreed to receive 200,000 won per annum and received interest rate of 70.7% per annum in excess of self-regulation as shown in the list of crimes in the attached Table (1) and received interest from 22 debtors, including E, etc. from July 1, 2013 to June 25, 2016.

Accordingly, the Defendant violated the Act on the Registration of Loan Business and the Protection of Financial Users.

3. The Defendant in violation of the National Basic Living Security Act is a person who runs a lending business by using another’s account. Since September 6, 2010, the Defendant was a person who received living benefits and housing benefits from the Busan Geum-gu Office in accordance with the National Basic Living Security Act from around September 6, 2010, and the recipient’s living benefits or housing benefits are different depending on the recipient’s earned income or property income.

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