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(영문) 대구지방법원 2016.04.22 2016고단9

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of five million won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A On March 7, 2011, after registering the loan business with the trade name "D", a person who continues to operate the loan business in Daegu, Gu and Gyeongsan area on April 16, 2012 when he/she had been operating the loan business in Daegu, Gu and Gyeongsan area on April 16, 2012 after cancelling the registration ex officio for reasons such as breach of interest rate limitation, etc.

Defendant

B without registering the loan business, and the loan business was conducted with the Defendant A.

1. Joint crimes committed by the Defendants

(a) A person who intends to engage in loan or loan brokerage business prior to the registration of loan business and violation of the Act on the Protection of Financial Users shall file for registration 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;

However, on May 19, 2012, the Defendants conspired and did not register with the competent government office. Around May 19, 2012, the Defendants offered a loan of KRW 1.5 million to the lending user E with a fee of KRW 1.5 million and delivered KRW 1.350,000 won per day, and agreed to receive KRW 1.8 million in total for 60,000 won per day. From around that time to April 27, 2015, the Defendants were paid principal and interest pursuant to the above agreement, etc., and run a loan business from Nos. 8 through 58 (Defendant B No. 41 to 56) as stated in the List of Crimes (No. 41 to 56).

As a result, the Defendants conspired to engage in a non-registered loan business.

(b) If a credit service provider or a person operating a loan business violates the Act on the Registration of Loan Business and the Protection of Financial Users (in excess of interest rates), or a person operating a loan business is an individual or small-scale corporation, he/she may not receive interest exceeding 34.9 percent per annum (39 percent per annum as of April 2, 2014) or interest exceeding 25 percent per annum as at the time a loan is made by an unregistered credit service provider (30 percent per annum as from June 30, 2007 to July 14, 2014).

However, on February 12, 2012, the Defendants loaned KRW 7 million to F of the loan users around February 12, 201.