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(영문) 서울남부지방법원 2017.02.09 2016고단5686
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendants shall be punished by imprisonment for one year.

However, each of the above penalties shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

[criminal history] On November 3, 2016, Defendant B was sentenced to imprisonment with prison labor for a violation of the Act on Specialized Credit Financial Business in Seoul Southern District Court on August 3, 2016 and the decision was finalized on November 11, 2016.

[Criminal facts] The Defendants are those who operate a large side business without registering the loan business in the name of “F” from Yeongdeungpo-gu Seoul Metropolitan Government E and 1 floor.

1. No one, other than credit service providers that violate the Act, in advertising for a loan business without registration, shall advertise for the loan business;

Nevertheless, from March 13, 2016 to March 21, 2016, the Defendants conspired to distribute advertising leaflets stating “2% of the card payment, exchange of the card balance, and OK by cell phone small-scale settlement,” and advertised loan business only by credit service providers.

2. A person who intends to engage in loan business in violation of the law due to the operation of a loan business without registration is registered with the pertinent competent authorities by the place of business, but the Defendants conspired with the competent authorities to engage in the following loan business without registering the loan business with the competent authorities.

A. The Defendants, who run a lending business of small-amount settlement method, did not possess agricultural products, such as bean and shoulder, and registered products with the e-commerce business entity as if they were sold, and then conspired to operate the lending business in such a way that the lending requester would make the above agricultural products settled by means of settlement of mobile phone small-amount, as if they actually purchased the above agricultural products, and that the lending requester would provide the lending requester with an amount calculated by deducting 30% from the purchase price to the lending requester.

Accordingly, when the Defendants received a request for a loan from H from the above “F” on April 1, 2016, the Defendants received personal information (name, gender, the six-points in front of resident registration numbers, cellular phone numbers, etc.) from the next H due to a pre-registered ID in the G market, and input it to H along with the certification number transmitted to H, and 50,000 won in the G market.

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