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(영문) 의정부지방법원 2018.04.13 2017고단4870
대부업등의등록및금융이용자보호에관한법률위반등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. The Act on the Registration of Loan Business and the Protection of Financial Users;

(a) No one, other than a credit service provider that has made a registration for a loan business, may advertise the loan business;

Nevertheless, on October 2016, the Defendant advertised the loan business with the content of “B, on the day’s sudden consultation exchange service, C, and D,” through the Internet NAV website marketing company.

(b) A person who intends to engage in a lending business shall register the lending business with the competent authorities and operate the lending business;

Nevertheless, the Defendant, in collusion with E, advertised “B” on the Internet from October 2016 to January 2017, without registering with competent authorities, and operated a loan business with interest received from F and G in collusion with E.

2. On October 2016, the Defendant violated the Electronic Financial Transactions Act: (a) lent KRW 700,000 to F before F’s house located in Guro-gu Seoul Metropolitan Government; and (b) agreed to receive KRW 100,000 per share; (c) instead of collecting interest, the Defendant borrowed the passbook, card, and its password of the HI account in F’s name from F to receive KRW 100,000,000, including the principal and interest after 10 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Integrated inquiry of registered loan companies;

1. B Internet advertisement screen;

1. A protocol of seizure and a list of seizure;

1. Standard contract for loan transaction;

1. Investigation report (the photograph of a suspect A-related liquid card) and investigation report (the case in which the name of the mobile phone is verified);

1. A report on investigation (where the title holder of the Internet advertisement is verified);

1. Investigation report (this result from the digital analysis of suspect A mobile phones);

1. Investigation report (verification of theF account in the name of the F used for the loan business without registration);

1. Application of investigation report (verification of suspect's period of running the business of lending unregistered loans) Acts and subordinate statutes;

1. Article 19(1)1 and Article 3(1) of the Act on the Registration of Terms and Conditions of Loan Business, etc. and Protection of Financial Users for criminal facts, Article 30 of the Criminal Act (the point of business without registration).

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