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(영문) 인천지방법원 2013.04.26 2012고단8083

대부업등의등록및금융이용자보호에관한법률위반

Text

1. Defendant A and B shall be sentenced to one year of imprisonment and a fine of five million won, and Defendant C shall be sentenced to eight months of imprisonment and a fine of five million won.

Reasons

Punishment of the crime

[2012 Highest 8083]

1. Defendant C operated the leased enterprise under the trade name of “F” in the Namdong-gu Incheon E building 203.

Defendant

D operated a lending company under the trade name “G” in the vicinity of the Nam-gu Incheon Metropolitan City office (registration on November 25, 2010, cancellation of registration on April 13, 201).

Defendant

B worked as an employee of the above “G” loan company, and operated the loan company under the trade name of “I” in the Htel 915, Bupyeong-gu, Incheon.

Defendant

A served as an employee of the above “F”, “G”, and “I” loan companies.

J served as an employee at the above “I” lending company.

Any person who intends to engage in credit business shall register the relevant place of business with the competent administrative agency having jurisdiction over the relevant place of business, and a credit service provider, if it lends a loan to an individual or a small-scale corporation prescribed by Presidential Decree, the interest rate shall not exceed 44/100 per annum (49/100 per annum from April 22, 2009 to July 21, 2010), and if an unregistered credit service provider lends a loan, the interest rate shall not exceed 30/100 per annum.

Defendant

C. On May 17, 2010, the co-principal Defendants of C and A conspired to borrow 1,360,000 won after deducting 6,000 won from advance interest from the F office at K, and received interest of 293.4% exceeding the statutory interest rate by receiving 50,000 won per month for five months.

B. On October 18, 2010, Defendants B, A, and D conspired with D to lend 2,520,000 won, deducting 4,80,000 won from the said G office, without registering credit business, at the said G office, and at the rate of 6,20,000 won per month, Defendant B, A, and D conducted an unregistered credit business and received interest at the rate of 148.9% exceeding the statutory interest rate.

C. On October 21, 2011, Defendants B, A, and J jointly committed a loan of KRW 80,000,000,000 after deducting 20,000 from L at the above I Office as a prior interest, in collusion with J, Defendant B, A, and the second month, respectively.