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(영문) 수원지방법원 성남지원 2020.06.03 2019고단3125

대부업등의등록및금융이용자보호에관한법률위반등

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[Defendant A] The defendant shall be punished by imprisonment for one year.

However, the above sentence shall be executed for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Joint criminal conduct by Defendant A, Defendant B, and Defendant C

A. Violation of the Act on the Registration of Credit Business, etc. and the Protection of Financial Users is a unregistered credit service provider that advertises a loan on the Internet using a “E” among loan companies registered under the name of D and lends a small amount of loans such as the number of days to employees of entertainment establishments. Defendant B and Defendant C are employees in charge of loan business and collection in accordance with the above A’s instructions.

Any person who intends to engage in credit business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province Governor having jurisdiction over the relevant place of business, and if a unregistered credit service provider lends a loan, he/she shall not receive interest exceeding the

Nevertheless, the Defendants conspired and did not register the above credit business, and around September 28, 2018, lent 300,000 won to G with the reported Internet loan advertisement at the first floor of the Gangnam-gu Seoul Metropolitan Government FF building, and 2.520,000 won after deducting 1.80,000 won for 30,000 won and 3.420,000 won per day, and received interest on 407.5% per annum for 57 days.

In addition, the Defendants loaned a total of KRW 292,50,000 from October 19, 2017 to June 27, 2019 to a total of KRW 85 times as indicated in the attached Table of Crimes (1), and received interest exceeding the limited interest rate.

(b) No person who violates the Electronic Financial Transactions Act may borrow or lend a means of access, or store, deliver or distribute a means of access, knowing that the means of access is to be used for a crime or to be used for a crime.

Nevertheless, the Defendants conspired to commit the above-mentioned crimes.

In the same date, at the same time and place as above, interest amounts to more than the limited interest rate.