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(영문) 서울중앙지방법원 2016.12.14 2015고단3829
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A as a family owner, a person who engages in credit business using her husband's retirement allowance, etc., and Defendant B is a person who has worked in an attorney-at-law office and helps A to engage in credit business.

around 2010, Defendants (Defendant B) interfere with companies that need money and prepared or reviewed contracts, etc., and Defendant A conspiredd to engage in credit business by lending money as a full-time owner.

1. The Defendants’ co-principal

(a) A person who intends to engage in credit business without registration (1) in violation of the Act on Registration of Credit Business, etc. and Protection of Finance Users shall be registered with the Special Metropolitan City Mayor, Metropolitan City Mayors, or

From May 20, 2010 to October 28, 2010, the Defendants introduced the above K to Defendant A, with the knowledge that the Defendants need funds to acquire a KOSDAQ-based company by the first floor of the H building in Gangnam-gu Seoul, Seoul, while Defendant B loaned KRW 300 million to Defendant A on the said day, and Defendant A recovered KRW 340 million as principal and interest around June 17, 2010, from around April 20, 201 to around October 28, 201, and loans KRW 1.97 million in total to the debtor as shown in the attached list I of crimes.

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

(2) A credit service provider that collects interest exceeding the limited interest rate may not collect interest exceeding 39% per annum during the period from April 21, 2009 to July 20, 201, 49% per annum during the period from July 21, 2010 to June 26, 201, and 44% per annum during the period from July 21, 201 to June 27, 201, and 39% per annum during the period from June 27 to March 31, 2014.

around May 20, 2010, Defendants conspired to introduce the above K to Defendant A, and Defendant A lent KRW 300 million to the above K on the same day.

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