logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.02.21 2018고단5444
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for four months.

(2) on the date of this decision;

Reasons

Punishment of the crime

Defendant

A is the representative of "C" and the person responsible for the operation of credit card sales management business. Defendant B is the director of the above business, who has been in charge of business such as credit business advertisement, business, conclusion of contracts, and collection of claims.

The Defendants agreed to lend money to business operators who are able to sell credit cards, on the condition that they receive interest at a statutory maximum interest rate, by taking advantage of the fact that the sales amount of credit card was to be paid after three to five days from credit card companies. However, in the event that the above business operators entered into a loan contract, the Defendants forced them to enter the credit card immediately settlement system, thereby forcing them to enter the immediately preceding payment system, and soliciting the Defendants to additionally pay the amount of KRW 5,000 to KRW 17,000 each day according to the credit card immediately preceding payment system and distribute profits to the Defendants to 5:5.

1. Any person who intends to operate an unregistered credit business shall file for registration with the Mayor/Do Governor having jurisdiction over the relevant place of business;

On July 1, 2016, the Defendants lent money of KRW 3,00,00 to E without registering credit business, on condition that the Defendants repaid KRW 3,430,440 on a sum of KRW 80 days every 57,174,00 on a 80-day basis without registering the credit business, and from that time, loaned money to the debtor 380,642,873 in total over 66 times from that time until April 9, 2018, as shown in the attached list of crimes.

Accordingly, Defendants conspired to engage in credit business without registering the competent Mayor/Do Governor.

2. Where an unregistered credit service provider, who violates the restriction on interest rates, lends a loan, interest shall not be collected exceeding the interest rate prescribed by Presidential Decree;

The Defendants extended KRW 3,00,000 to E at the time and place specified in the above Paragraph 1 for 80 days.

arrow