beta
(영문) 대구지방법원 2014.04.11 2014고단655

대부업등의등록및금융이용자보호에관한법률위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The accused, C, or D shall, when they intend to run a credit business without registration, file for registration with the competent administrative agency;

Nevertheless, C plays a role in raising funds necessary for credit business as one pre-registered owner, D has a general role in managing unregistered credit business that is not registered with the competent authority in Jeonju-si, Ysan-si, etc. with funds created by C, and the Defendant, upon receiving D instructions from D, has been in charge of spraying and collecting borrowed advertisements at Jeonju-si, etc. in order to conduct the high interest-free credit business.

D around November 2012, without registering a credit business to the competent authority in accordance with the above public offering, C receives KRW 70 million necessary for credit business from C, and then divide the proceeds therefrom into half-yearly. On November 23, 2012, the Defendants ordered the Defendants to spread and collect the loan advertising leaflets, and reported the above loan advertising log No. 302 on November 23, 2012, F, who was found to find out the above loan advertising log, deducted KRW 100,000 per annum from deducting KRW 20,000 per day interest and KRW 436.7% per annum, including principal and interest, on condition that 65 days shall be paid in 20,000 per annum, as shown in the attached list of crimes from October 18, 2012 to March 22, 2013.

In collusion with D, etc. in the foregoing manner, the Defendant loaned a total of KRW 15,500,000 in total on 72 occasions from October 18, 2012 to March 22, 2013, as shown in the attached list of crimes.

2. In the event that a loan is made with no legal interest from the Defendant, C, D or G in excess of the legal interest, interest exceeding 30% per annum which is the legal interest rate shall not be collected.

Nevertheless, D above 1. A.D.

As set forth in paragraph 1, F shall be paid KRW 20,000 each day, including the principal and interest, after deducting KRW 100,000 from the prior interest.