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(영문) 부산지방법원 2018.04.25 2017고단6263

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of KRW 5,00,000.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A is a person who operates a lending company at the office located in Busan Jin-gu, Busan, and Defendant B is a person who works at the above office from April 10, 2017 as an employee of Defendant A.

1. A person who intends to engage in a loan business by defendant A shall register with the administrative agency having jurisdiction over the relevant place of business;

On June 14, 2017, the Defendant, without registering a loan business with B, lent KRW 500,000 to E at the Buddhist land of Busan (hereinafter referred to as Busan) around June 14, 2017, deducted KRW 250,000 from the prior interest and KRW 100,000 on a daily basis 60 times, and loaned KRW 412,90,000 on a total of 125 times from January 1, 2016 to June 14, 2017, as indicated in the list of crimes.

Accordingly, the defendant, in collusion with B, engaged in the lending business without registering the lending business.

2. Joint crimes committed by the Defendants

(a) If a unregistered credit service provider that violated the Act on the Registration of Large-Scale Side Business, etc. due to excess of the interest rate and the Protection of Financial Users gives a loan, the loan interest rate shall not exceed 25 percent per annum;

Nevertheless, on June 14, 2017, the Defendants offered loans of KRW 500,000 to E from the French area to the Busan (hereinafter referred to as “Susan”) and delivered KRW 2.750,000,000 each day after deducting KRW 4.750,000 from the prior interest and KRW 1,000 each day, and then paid the principal and interest (292% per annum) in accordance with the agreement, and from January 1, 2016 to June 14, 2017, the Defendants paid the principal and interest at the rate of KRW 412,90,000 (Defendant B from April 13, 2017 to June 14, 2017) in total on a sum of KRW 125,00,000 in total, as shown in the list of crimes in the attached Table, 82 to 125,000 won per annum.

As a result, the Defendants conspired to receive interest exceeding the autonomy of the unregistered credit service provider.

(b)an illegal advertisement;