(영문) 서울중앙지방법원 2018.08.16 2018고단3853




A Imprisonment for eight months, Defendant B, and C shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.


Punishment of the crime


A had been employed by Defendant B and C as an employee who will engage in unregistered loan business for petty merchants in Seoul, Yeongdeungpo-gu and Gangnam-gu, Seoul and take charge of loan business with his own money.

A person who intends to engage in a loan business shall register the loan business with the authority for each place of business, and shall not receive interest exceeding 25% per annum.

Nevertheless, on March 28, 2018, without registering the lending business to the authorities, the Defendants offered KRW 1,90,000,000,000,000,000,000 per day after receiving a request from Yeongdeungpo-gu Seoul Metropolitan Government to loan KRW 2,000,000 from E, and received KRW 3,40,000 per day for 80 days. Around that time, the Defendants received KRW 2,40,00 per day from the above E and received KRW 30,00 per day for 80 days from the above E, and received the interest of KRW 1,50,00 per annum from G from Gangnam-gu Seoul Metropolitan Government on the same day after deducting 1.8,00,000 won after receiving a request from the commission, and received KRW 3.8,000,000 per day for 60 days, and received the principal and interest of KRW 3,000 per day from around that time.

Accordingly, the Defendants conspired to engage in a loan business without registration and received interest exceeding the limited interest rate.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the interrogation of each police suspect against the accused;

1. E statements;

1. Application of Acts and subordinate statutes to a report on investigation (if any), a copy of the loan documents, a copy of the loan documents (G), and an investigation report (Calculation of the interest rate per day);

1. The registration of each type of loan business, etc. under the relevant Act on criminal facts and the protection of financial users: Articles 19(1)1, 3, 19(2)3, and 11(1) of the Act on the Protection of Financial Users; Article 30 of the Criminal Act (Selection of Imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Suspension of execution;