beta
(영문) 부산지방법원 2017.06.16 2017고단310

대부업등의등록및금융이용자보호에관한법률위반등

Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of five months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

"2017 Highest 310"

1. Any person who intends to engage in loan business in violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users shall register the relevant place of business with the administrative agency having jurisdiction over the relevant place of business;

Defendant

A without registering a loan business, L/C run a loan business in cash in the name of F, H, I, J, K Co., Ltd. from the brosker for the supply of the non-credit card franchise store, and from October 7, 2013 to January 3, 2017, at the 301 page, etc. of Busan Btel Ltel from around October 7, 2013 to around January 3, 2017, each of the above companies used the credit card franchise store terminals of the above companies for 4,299 times in total with a credit card total of KRW 5,849,125,70, and settled the amount of KRW 5,322,700 after deducting 9% from the fee, namely, a loan business operated in the manner of paying in cash the amount of KRW 5,322,704,00 in the name of the fee.

2. The Defendant violated the Act on Specialized Credit Financial Business: (a) at the time, place, etc. stated in paragraph (1) of this Article, the Defendant provided financing by means of cash payment in the amount of KRW 5,849,125,700, i.e., a total amount of KRW 5,322,700, i.e., a sum of KRW 5,322,700, after deducting an amount equivalent to 9% from the fee, from the person who wants to obtain a loan through 4,299 times as shown in the attached Table 1 list of crimes, by pretending the sales of goods, etc., by using the credit card merchant terminal, etc. as seen above.

"2017 Highest 2409"

3. Any person who intends to engage in loan business shall register with the administrative agency having jurisdiction over the relevant place of business, if he/she intends to engage in such loan business;

Nevertheless, the Defendants did not register the lending business with the competent authorities on February 2015, and Defendant B registered as a credit card merchant on February 2015.