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(영문) 부산지방법원 2015.02.10 2014고단9665
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendants shall be punished by a fine of KRW 5,000,000.

In the event that the Defendants did not pay the above fine, 100.

Reasons

Punishment of the crime

1. Joint criminal conduct by Defendant A and B;

(a) 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, etc. having jurisdiction over the relevant place of business;

Nevertheless, the Defendants created a lending company called "C" without registering the business with the Busan Metropolitan City Mayor, and Defendant B conspired to raise funds to loan money to many unspecified people, and Defendant A offered a loan of KRW 1 million to D at a place where the location is unknown on January 2014, and conducted credit business without registering it with the competent authority, such as lending a total of KRW 73,90,000 to 30 persons as shown in the attached list of crimes.

(b) Where an unregistered credit service provider grants a loan, the loan interest rate shall not exceed 30 percent per annum;

Nevertheless, in collusion, the Defendants received 20,000 won a total of 62% per day when lending 1 million won to D at the same time and place under the preceding paragraph, and eventually received interest of 259.5% per annum from 30% per annum, such as the list of crimes in the attached list.

2. No one may place an advertisement for credit business, other than credit service providers or credit financial institutions.

Nevertheless, the Defendant, other than credit service providers or credit financial institutions, advertised credit business from April 20, 2014 to May 2, 2014 through E and F, an employee of Busanwon from May 2, 2014.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol concerning E and F;

1. Each police statement concerning G;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 19 (1) 1 and Article 3 of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and the Criminal Act.

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