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(영문) 대구지방법원 서부지원 2015.01.29 2014고단1797
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months, and by imprisonment with prison labor for one year.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

D is a person who prepares a loan fund and provides it to a credit service provider and takes profits therefrom (hereinafter referred to as "one-time loan"), and E is a person who actually engages in credit business in Daegu City with the funds of the above D, Defendant B is a person who actually engages in credit business at a cost in the previous metropolitan city with the funds of the above D, Defendant A is a person who manages the loan funds of the above D with the financial officer of the above D, Defendant A is a person who manages the loan funds of the Daegu and the previous metropolitan district with the financial officer of the above D; Defendant A is a person who exercises overall control over the affairs such as the conclusion and receipt of the loan contracts, and management of employees at the E's credit business office; G and H are a person who takes charge of the affairs

Any person who intends to run a credit business shall register his/her business with the administrative agency having jurisdiction over the relevant place of business, and no one shall collect the interest that exceeds the maximum interest rate (30% per annum) determined by the Presidential Decree from any unregistered credit service provider.

Nevertheless, the Defendants shared their roles as above and agreed to receive interest exceeding the limited interest rate while engaging in the unregistered credit business as follows.

1. The Defendants’ co-principaled Defendants in D’s joint principal and interest with D’s intent to borrow 200,000 won at the credit service office operated by Defendant B in Busan-si prior to North Korea, U.S. on February 3, 2013, after deducting 1,90,000 won as a fee, and actually delivering 1,90,000 won as a fee, and then receiving 2,40,000 won a total of 60,000 won each day (292.1% a year) (including the Defendants received principal and interest pursuant to the above agreement). From that time to September 1, 2014, all of the above methods as described in the attached list of crimes (1) have been loaned 792 billion won over 792 times, and received the principal and interest pursuant to such agreement.

Accordingly, the Defendants are registered with the competent authorities in collusion with D.

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