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(영문) 서울북부지방법원 2020.03.11 2019고단3980
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 3,000,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who actually operated a corporation with the office in Seoul Special Metropolitan City, Gwangjin-gu, and 1st underground floor from September 10, 2016, G with the office in Gangnam-gu, Seoul E and 8th floor F from June 8, 2018, and H with the office in Gangnam-gu, Seoul E and 8th floor F from October 16, 2018, and Defendant B is a person who was the representative in the name of H, a corporation D and G employees in the name of H.

The Defendants agreed to engage in credit business without registration from the beginning of 2017, which had been related to D’s representative and employees, to receive interest exceeding the statutory interest rate. The Defendants directly explained the terms and conditions of the loan agreement to the customers and explain the terms and conditions of the loan agreement to the customers, and Defendant B took charge of the collection and accounting of the loan.

In addition, even after having completed registration of credit business under the name of H Co., Ltd. on November 5, 2018, the Defendants conspired to engage in credit business without registration as in the previous name of H, and to receive interest exceeding the statutory interest rate from customers, separate from engaging in credit business under the name of H.

1. Any person who intends to engage in unregistered credit business or credit brokerage business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor

Nevertheless,

A. Defendant B, in collusion with Defendant A, did not register at a place of unsound from March 13, 2018 to February 13, 2019, and loaned a total of KRW 75 million to I, etc. on a total of 20 occasions as shown in the attached crime sight table 1, in collusion with Defendant B, without registering at a place of unsound space from March 13, 2018 to February 13, 2019

B. Defendant A, in collusion with Defendant B, did not register the same at a place of unsound from February 7, 2019 to February 13, 2019, and did not register the same with J, etc., on a total of eight million won as indicated in the attached list 2.

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