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(영문) 서울동부지방법원 2020.01.29 2019고단3853
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendants shall be punished by a fine not exceeding 30 million won.

If the Defendants fail to pay a fine, 100,000 won shall be one day.

Reasons

Criminal facts

1. Violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users;

(a) Any person who intends to run a credit business in violation of the Act on Registration of Credit Business without Registration and Protection of Financial Users shall register the business with the competent administrative agency by place of business;

Nevertheless, the Defendants conspired to sell KRW 730,00 to the debtor C on October 30, 2018, and delivered KRW 500,000 after deducting KRW 230,000 from the prior interest. The Defendants received KRW 730,000 on November 15, 2018. From October 30 to August 19, 2018, the Defendants loaned KRW 53,200,000 in total, such as the Crime List I, around 30 to August 19, 2019.

Accordingly, the Defendants conspired to engage in credit business without registering it with the competent authorities.

(b) Where an unregistered credit service provider violates the Act on Registration of Credit Business, etc. and Protection of Financial Users which received interest exceeding the interest rate, the interest rate shall not exceed 24 percent per annum;

Nevertheless, the Defendants conspired to engage in a credit business without registering with the competent authority as above, and offered KRW 730,000 to the debtor C with a prior interest of KRW 230,000 after deducting KRW 230,000,000, and received approximately KRW 1,049% interest per annum on November 15, 2018. From October 30 to August 19, 2019, the Defendants received interest exceeding 24% per annum while lending approximately KRW 53,200,000 in total from around 172 as shown in Table II of Crimes.

(c) No one, other than credit service providers or credit financial institutions that violate the Act on Registration of Unregistered Credit Business and Protection of Financial Users, may place an advertisement for credit business;

Nevertheless, the Defendants, in collusion with the competent authorities, shall not register credit business with the competent authorities on December 12, 2018, as the title "I have the opportunity to consult with the small amount of loans" on the Internet D, and "I have the right to promptly consult with the competent authorities,"

Kakao E.

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