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(영문) 창원지방법원 진주지원 2019.05.01 2019고단205

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant

A Imprisonment of six months, and Defendant B shall be punished by a fine of two thousand won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A

A. A person who intends to engage in credit business as a business of lending or brokerage of unregistered credit business shall register with the Mayor/Do governor having jurisdiction over the place of business having jurisdiction over the place of business. However, around May 27, 2016, the Defendant loaned KRW 300,000 to C on the condition that C shall be paid interest of KRW 300,000 per month from the address in Jinju to the repayment of principal, and loaned KRW 2,70,000,000 calculated by deducting the interest of KRW 30,000 from the account in D’s name, from March 11, 2017, the Defendant provided unregistered credit business with loans of KRW 61,00,000 in total over 13 times, as shown in the attached list of crimes (1).

B. Although the maximum interest rate should not exceed 25% per annum when a credit service provider with limited interest is making a loan, the Defendant entered into a loan agreement with C and received a total of KRW 900,000 as interest under the name of interest, as set forth in paragraph (1), from that time until June 7, 2017, and received interest from each borrower in the amount of KRW 12,70,629, a sum of KRW 12,70,629 as interest, from each borrower, to the minimum amount of 62% per annum per annum to the maximum of 297% per annum.

2. Defendant B received and delivered KRW 250,000,000 under the name of principal and interest, from G that entered into a loan agreement with A through the Defendant’s E bank account (F) on March 7, 2017 with the knowledge that he/she is running unregistered credit business, as described in paragraph (1), from each borrower who entered into the loan agreement with A on a total of 20 occasions from July 9, 2017, and assisted Defendant B to commit an unregistered credit business by receiving money from each borrower who entered into the loan agreement with A or depositing money from each borrower who entered into the loan agreement with A on a total of 20 occasions, as shown in the attached list of crimes (3) from July 9, 2017.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police officer with respect to G, C, and H.