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(영문) 대구지방법원 서부지원 2014.10.07 2014고단783

대부업등의등록및금융이용자보호에관한법률위반등

Text

Defendant

A Imprisonment for one year, Defendant B shall be punished by imprisonment for four months, and Defendant C shall be punished by a fine of three million won.

Defendant .

Reasons

Punishment of the crime

Defendant

A was sentenced to two years of suspended sentence for six months of imprisonment with prison labor on March 27, 2014 in the Jeonju District Court's Gunsan Branch on March 27, 2014, and the said judgment became final and conclusive on April 4, 2014.

1. Defendant A

(a) Any person who intends to operate a credit business in violation of the Registration of Credit Business and Protection of Financial Users Act (1) shall register with the competent administrative agency having jurisdiction over the relevant place of business in each place of business;

(A) From June 2013 to February 28, 2014, the Defendant was not registered with the competent authority, and around June 2013, the Defendant loaned KRW 116,350,000 in total as collateral on nine occasions a vehicle from June 28, 2013 to F with a container office located in the E-type D, Daegu-gu, Daegu-gu, by being provided with GenzE300 automobiles as collateral, and loaned KRW 25 million to F.

Accordingly, the Defendant operated credit business without registering it with the competent authorities.

(B) On March 20, 2013, the Defendant, without registering with the competent authority, lent KRW 5 million in total to H without collateral at the mutual influence room located in the Newbuk-dong, Gwangjubuk-gu, and around February 27, 2014, from March 20, 2013 to February 27, 2014, the Defendant loaned KRW 769,270,000 in total without collateral over 219 times, such as the list of crimes in attached Table 2.

Accordingly, the Defendant operated credit business without registering it with the competent authorities.

(2) If an unregistered credit service provider grants a loan with interest exceeding the statutory interest rate, it shall not receive interest exceeding 30% per annum, which is the statutory interest rate.

(A) On June 2013, the Defendant committed the crime in Daegu Japan, offered F with a container office located in the Daegu Seo-gu E parking lot as a security and lent 25 million won with a loan of 25 million won with a prior interest of 2.5 million won after deducting 2.5 million won from the prior interest, and paid 2.5 million won per month with a interest of 2.5 million won per month until principal is repaid.