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(영문) 부산지방법원 2020.02.21 2019고단6390

대부업등의등록및금융이용자보호에관한법률위반방조

Text

Defendant

A shall be punished by imprisonment for four months and by imprisonment for eight months, respectively.

However, for the two years from the date of this decision.

Reasons

Punishment of the crime

1. On March 6, 2015, the Defendant: (a) provided a loan to D in writing at the coffee specialty store located in Busan-gu, Busan-do; (b) provided that C was aware that it would engage in unregistered credit business and receive interest of 107.8% per annum in excess of the statutory interest rate; (c) provided connection C with D; (d) delivered the principal and interest from D to C; and (d) assisted C’s unregistered credit business over 30 times from May 3, 2015 to October 28, 2016; and (d) assisted and assisted C to receive interest over the statutory interest rate of 26 times, such as the list Nos. 1 to 14, 19, and 30 of the list of crimes.

2. On December 22, 2015, in lending KRW 10 million to E at the coffee specialty store located in Busan, Busan, the Defendant: (a) provided connections to C and E despite the knowledge that C would engage in unregistered credit business and receive interest of KRW 105.9% per annum in excess of the statutory interest rate; (b) provided that C and E received principal and interest from E and delivered them to C; and (c) assisted and assisted C’s unregistered credit business over 27 times from December 22, 2015 to June 7, 2016, as described in the attached list of crimes, and aided and abets C’s act of receiving interest over a total of 26 times, such as the list of crimes Nos. 1, 3 or 27.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of each police statement related to C and F;

1. Application of Acts and subordinate statutes on internal investigation reports (Attachment of investigation records to Suspect C), investigation reports (C evidence files) (Binding of copies of documentary evidence records);

1. Article 19(1)1 and Article 3(1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 32 of the Criminal Act (the point of aiding and abetting Unregistered Credit Business), Article 19(2)3 of the former Act on Registration of Credit Business, etc. and Protection of Finance Users (amended by Act No. 14072, Mar. 3, 2016).