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(영문) 서울동부지방법원 2014.08.13 2014고단1497

대부업등의등록및금융이용자보호에관한법률위반

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Defendants shall be punished by a fine of KRW 3,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

1. Any person who intends to engage in credit business under defendant A shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, and Do Governor having jurisdiction

Nevertheless, around July 18, 2012, the Defendant loaned KRW 50 million to E through a unregistered loan broker D through the unregistered loan broker, and concluded a loan agreement with KRW 1250,000,000,000, which is 2.5% of the principal in one month for six months, under the condition that he was paid as interest, and operated credit business without being registered with the competent authority by entering into a loan agreement on five occasions in total as shown in the attached crime list 2.

2. Any person who intends to engage in credit business under defendant B shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, and Do Governor having jurisdiction

Nevertheless, in November 201, the Defendant loaned KRW 20 million to F via D, a unregistered loan broker, and entered into a loan agreement under the condition that 500,000 won of principal was paid as interest during a six-month period, and operated credit business without being registered with the competent administrative agency, such as entering into a loan agreement on a total of four occasions as shown in the attached Table 3.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. Each police statement made to G, E, and H;

1. Requests for cooperation and replies with each investigation;

1. Application of the statutes on written consent and response materials, such as financial transaction information;

1. Article 19 (1) 1 and Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, comprehensively, in regard to the facts constituting an offense and the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;