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(영문) 광주지방법원 2014.07.23 2013고단5847
대부업등의등록및금융이용자보호에관한법률위반
Text

1. Defendant A

(a) The defendant shall be punished by imprisonment for four months;

(b)Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final.

Reasons

Punishment of the crime

[criminal power] Defendant B was sentenced to one year of imprisonment by embezzlement, etc. at the Gwangju District Court on June 14, 2013 and the judgment became final and conclusive on June 22, 2013.

[2013 Highest 5847]

1. Defendant A, while running a used vehicle sales business, is a person who engages in unregistered credit business in such a way as to lend money to a vehicle as security and receive interest on the loan, or selling a vehicle provided as security at the time of a failure to repay the loan amount.

On June 2012, the Defendant, without registering credit business, lent KRW 600,000 to E from the closed room of the used cars operated by the Defendant located in Geumcheon-gu, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”) and received interest of KRW 300,000 per annum (60% per annum).

In addition, from June 2012 to November 16, 2012, the Defendant loaned money to E, F, and G in the same manner as indicated in the annexed crime list (1) in the same manner, and carried out an unregistered credit business, and received interest from E in violation of the statutory interest rate as shown in the annexed crime list (1) No. 1.

2. Defendant B

A. Around September 3, 2012, the Defendant violated the Act on Registration of Credit Business, etc. and Protection of Financial Users did not register loan brokerage business, and arranged F to obtain a loan of KRW 50 million from A, an unregistered credit service provider, at the I Office located in Gwangju Mine-gu H, Gwangju, and around September 3, 2012.

In addition, the Defendant, from September 3, 2012 to November 8, 2012, through the same method, arranged four times as indicated in the attached list of crimes (2).

Accordingly, the defendant is running a unregistered loan brokerage business.

B. The Defendant’s embezzlement is above.

As in the same paragraph, the victim F is arranged to receive a loan from A, and the victim was delegated by the victim to deliver interest on the loan to A.

On October 3, 2012, the Defendant received 3 million won as the interest name of the above loan from the victim as the Defendant’s agricultural bank account.

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