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(영문) 서울동부지방법원 2020.02.13 2019고단4093
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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, C, D, etc., conspired to lend a small amount of money to many unspecified persons by using the mobile phone and account under the name of another person, one-person, and one-person account, and then to distribute profits after receiving high interest. The Defendant, as the so-called “the team leader,” participated in the management of the overall organization, management of profits, and distribution of profits, and C, etc. of regional offices and employees, Defendant, and D, as the so-called “the team leader.”

1. On July 24, 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 500,000,000 to the debtor E at a non-permanent location, the Defendant loaned KRW 271,30,000,000 in total by December 1, 2017, including lending KRW 30,000 to the debtor E.

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 Limited Interest Rates or Excess Interest Rates, in collusion with the above B, etc., to engage in credit business without being registered with the competent authority as above. On July 24, 2017, the Defendant, while making a loan of KRW 500,000 to the debtor E at the French land, after deducting KRW 200,000,000 in advance and actually making a loan of KRW 300,000,000 a year from July 31, 2017, received interest of KRW 3476% per annum from the method of being paid KRW 50,000 on July 31, 2017 and received interest of KRW 3476% per annum from December 1, 2017 as shown in Schedule II of the Crimes.

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