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(영문) 서울북부지방법원 2020.11.17 2020고단3548
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to engage in credit business, etc. shall register his/her business with the competent administrative agency.

Where a loan is made without being registered, the interest rate shall not exceed 24% per annum.

Nevertheless, the Defendant, along with B, lent a small amount of money to many unspecified persons using the mobile phone and account under the name of another person, one-person, and one-person account, and agreed to distribute profits after receiving a high rate of interest. The Defendant, as the head of the call center publicity team, shared the overall organization management, the management and distribution of profits, and the Defendant, as the call center’s head, shared the obligation to deliver information.

1. On August 1, 2017, the Defendant violated the Act on Registration of Credit Business, etc. and Protection of Financial Users due to Unregistered Credit Business, in collusion with the above B, etc., and agreed to lend KRW 500,000 to the debtor C around August 1, 2017, the Defendant, while deducting KRW 200,000 from the prior interest, was practically lent KRW 30,000,000. From that time until August 5, 2019, the Defendant loaned KRW 3,027,870,000 in total over 6,479 times as shown in the separate crime list (1).

Accordingly, the Defendant, in collusion with the above B, engaged in credit business without registering to the competent authorities.

2. The Defendant in violation of the Act on the Registration of Credit Business, etc. and Protection of Financial Users due to Interest Excess Interest Rates, in collusion with the above B, etc., was engaged in credit business without registration with the competent authorities as above. Around August 1, 2017, the Defendant, while making a loan of KRW 500,000 to the debtor D, deducted substantially KRW 200,000 from the prior interest and received approximately KRW 784% interest per annum from around August 31, 2017 to around August 2, 2019.

Accordingly, the Defendant conspireds with the above B, etc.

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