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(영문) 부산지방법원 2018.11.14 2018고단2154

대부업등의등록및금융이용자보호에관한법률위반등

Text

1. Criminal facts No. 1 of the judgment of the defendant A.

Reasons

Punishment of the crime

Defendant

A on February 16, 2017, after being sentenced to 6 months of imprisonment and 2 years of suspended execution for a violation of the Framework Act on Fire Services at the Busan District Court on February 16, 2017, the judgment becomes final and conclusive and is still under suspended execution.

1. Although Defendant A’s violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users was engaged in loan business, and the Defendant was not allowed to receive interest exceeding the legal autonomy. On April 15, 2016, the Defendant loaned KRW 2,000,000 to the said D, who reported and contacted the loan business advertisement, and paid KRW 1,80,000 per annum for 60,000 per day for 43 days, on condition that the court was paid interest of KRW 641.1% per annum for more than 27.9% per annum, and around that time, the Defendant was paid interest of KRW 49,00,000 per annum for more than 641.9% per annum from that time to August 1, 2016 by the same method as the attached Table of Crimes (1) in the same manner, and received the total amount of KRW 49,00,000 per annum for more than 0,000.

As a result, the Defendant engaged in the lending business and received interest exceeding the autonomy of the legal year.

2. On December 2016, the Defendants’ joint crime committed the following acts: (a) around Busan East-gu Officetel, Busan; (b) Defendant A invested funds necessary for loan business and operated an office; (c) managed loan and money; (d) Defendant B provided information on the terms and conditions of loan to the customers who intend to borrow money in accordance with Defendant A’s instruction; and (c) received interest exceeding the autonomy and received interest from the obligor to collect the interest and the principal from the obligor so that the commission of the crime does not occur; and (d) Defendant B received the interest from the court and collected the interest and the principal from the obligor.

A. Defendants violating the Act on the Registration of Loan Business, etc. and the Protection of Financial Users may register with the Mayor/Do Governor having jurisdiction over the pertinent place of business in order to operate a loan business, and the court may not receive interest exceeding the autonomy.