logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.11.03 2017고단3649
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendants are not guilty, and the summary of the judgment against the Defendant is publicly announced.

Reasons

1. Facts charged;

A. Defendant A is a person who runs the business of purchasing a credit card price claim on the Hyundai department store in the name of the company B, which is a limited company in Yeongdeungpo-gu Seoul Metropolitan Government E building, and collecting it to the debtor.

Any person who intends to engage in the business of collecting loan bonds shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business for each place of business, and shall register with the Financial Services Commission from July 25, 2016.

Nevertheless, the Defendant, without registering with the competent Mayor/Do Governor or the Financial Services Commission from December 2008 to February 21, 2017, purchased and collected credit cards of the Hyundai Department Store of KRW 24,722,921,203, a total of KRW 15,931 times from around December 21, 2017, and conducted collection business of unregistered credit.

B. Defendant B Co., Ltd. purchased Hyundai department store price bonds and conducted collection business, etc. as a corporation with the purpose of collection business, etc., which is related to Defendant B’s business without registration as set forth in the above 1.

2. Determination

A. Defendant A’s assertion of the Defendants and the defense counsel purchased and collected a car-to-rent claim (hereinafter “the instant car-to-rent claim”) as indicated in the facts charged from the Hyundai department store Co., Ltd. (hereinafter “Modern department store”), but such an act does not constitute a case where Defendant A engaged in the “loan Claim Purchase and Collection Business” under the Act on Registration of Loan Business, Etc. and Protection of Financial Users (hereinafter “Loan Business Act”).

B. The main text of Article 2 subparag. 1 of the Loan Business Act “loan business” includes lending money (including offering money through bill discount, transfer security, or other similar means).

The business is to make a loan (hereinafter referred to as "loan") as a business, or to collect claims arising from a loan agreement from a person who falls under any of the following items by acquiring such claims (hereinafter referred to as "purchase and collection of loan claims"):

arrow