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(영문) 서울중앙지방법원 2013.11.25 2013고단5623

대부업등의등록및금융이용자보호에관한법률위반등

Text

Defendant

A Imprisonment of two years and fine of twenty thousand won, and Defendant B of one year and six months and fine of 15,000,000 won, respectively.

Reasons

Punishment of the crime

[2013Kadan5623] The Defendants registered credit business with the trade name “E” at the Songpa-gu Seoul Metropolitan Government Office around March 14, 2011, as a type-based company, and operated credit business specializing in vehicle security loans under Article 1816 of the Seoul Songpa-gu Seoul F Building 1816.

1. The Defendants’ co-principal

(a) Where a credit service provider that violates the Registration of Credit Business, etc. and Protection of Financial Users Act lends a loan to an individual, it shall not exceed the interest rate of 39% per annum;

Nevertheless, the Defendants conspired to consult, prepare loan documents, etc., and Defendant B shared the role of evaluating the financing and security value, and shared the role of determining whether to grant a loan. On April 201, the Defendants offered H 1 to G at the above office of police officer as security, and borrowed KRW 3,000,000 for three months, and received KRW 108,000 as security fees and received interest equivalent to 101.74% per annum from April 22, 2013 from that time to April 2, 2013, and received interest equivalent to 56,50,000 won per annum from the lowest interest rate of KRW 87.11% per annum to the maximum interest rate of KRW 396% per annum.

B. The Defendants, even though they did not intend to keep the vehicles provided as security in the pay parking lot, received the vehicle parking expenses of KRW 100,000 per month, and the Defendants, knowing that only the parking management fee table attached to the vehicle can be parked without any particular sanction, have the intention to forge the parking management fee table.

Accordingly, around April 201, the Defendants were kept in a string and output by using the complex equipment with the parking management fee table of Songpa-gu Seoul Metropolitan Government J apartment parking management fee table received from I from the above office, the former K apartment owned by Defendant A, and the former M apartment's parking management fee table of the same M apartment received from L, while the Defendants extended KRW 10,000,000 to police officers in February 201.