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(영문) 제주지방법원 2014.01.03 2013고단1303

대부업등의등록및금융이용자보호에관한법률위반등

Text

Defendant

A Imprisonment with prison labor for two years, and for one year and three months, respectively.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. The Defendants’ co-principal management of the F Co., Ltd. (hereinafter “F”) in Jeju, and Defendant A served as the head of the foregoing F’s business from November 9, 201 to March 1, 2013, and “H” in Article 1205 of the G Building at Jeju, as the head of the foregoing F’s business.

On December 2, 2011, Defendant A conspired to engage in unregistered credit business in a way that Defendant B lent the necessary capital required to deposit with the said constructor, etc. in a financial institution and received interest at a high rate if Defendant A, seeking to newly establish a construction company or secure annual capital.

Any person who intends to run a credit business shall register his credit business with the competent administrative agency.

Nevertheless, the Defendants, without registering a credit business to the competent authority, shared their roles as a result of the public offering as above, and run unregistered credit business, such as lending KRW 2.4 billion in total on seven occasions from the above date to December 24, 201, to K of the representative director of the J Co., Ltd. (hereinafter “J”) located in the Saemaul Depository at Jeju, which wants to borrow a loan for the shortage of annual capital at the end of the year of December 29, 201, and receiving interest on KRW 100 million from February 27, 2012, and receiving KRW 4.6 million.

2. Defendant A

A. Around December 2011, the Defendant, who violated the Commercial Act due to the lump-sum payment of the J-end Capital, conspired to arrange for the loan of KRW 100 million from the said K and J-based 201 total capital shortage from B.

As the Defendant recruited as above, around December 29, 201, introduced K to B and let B lend 100 million won to K on the same day, and K lend the above funds to the corporate account of J on the same day and deposit balance.

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