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(영문) 대구지방법원 2014.10.17 2014고단655 (3)
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. When Defendant, B, or C wishes to run a credit business without registration, any person shall register the credit business with the competent administrative agency;

Nevertheless, the Defendant, as a single pre-registered owner, played a role in raising funds necessary for credit business; B, as funds created by the Defendant, was responsible for overall management of unregistered credit business that was not registered with the competent authorities in Jeonju-si, Hansan-si, etc.; D and C, under the direction of Jeonju-si, were in charge of spreading and collecting borrowed advertisements in order to engage in registered credit business at high interest rate.

B around November 2012, without registering a credit business to the competent authority in accordance with the above public offering, and after receiving KRW 70 million from the Defendant for credit business, the proceeds therefrom are divided half-yearlyly. On November 23, 2012, the F, who reported and discovered the above loan advertisement log in the E-gu Seoul Special Metropolitan City E-mail 302, borrowed KRW 1,00,000,000,000,000 won per day after deducting the interest and interest from the advance interest and received KRW 26.7% per annum from October 18, 2012 to March 22, 2013, as indicated in the attached list of crimes, and registered KRW 72,50,505,000 in total on a loan account, including the loan of KRW 436.7% per day on condition that the principal and interest are paid for 65 days.

The Defendant, in collusion with B, etc. in the foregoing manner, lent KRW 155,30,000 through 68 times in total from October 25, 2012 to March 22, 2013, in collusion with B, etc., by means of unregistered registration.

2. In the event that loans are loans made by Defendant B, D, and C with no legal interest or registration without registration, interest exceeding 30% per annum which is the statutory interest rate shall not be collected.

Nevertheless, Defendant B, D, and C, like the above 1.1., loaned KRW 100,000 to F and deducted KRW 100,000 as prior interest, shall be the principal and interest.

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