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(영문) 부산지방법원 2017.02.16 2017고단328
대부업등의등록및금융이용자보호에관한법률위반등
Text

1. The defendant A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for six months;

2.Provided, That this judgment shall become final and conclusive, respectively.

Reasons

Punishment of the crime

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

(a) Any person who intends to operate occupancy business of unregistered loan business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor or Special Self-Governing Province Governor having jurisdiction over the relevant place of business;

The Defendants did not register the loan business with E, advertised the loan advertisement on the Internet, and borrowed money to the persons who reported it and received interest.

E puts comments, such as “small-sum loans, electricity supply, and main loan,” on the Internet NVber’s registered text, entered the Defendants’ mobile phone number along with the Defendant’s mobile phone number, or advertised on the F’s website by placing the Defendants’ mobile phone number on the Defendant’s mobile phone number. After reporting the above text, the Defendant is responsible for linking the person who requested the loan to the employees in charge of the relevant region according to the area in which the person who requested the loan, and the Defendants find the person who requested the loan.

In order to prepare the withdrawal documents and to take charge of the collection of the claims.

E posted a loan advertisement on the Internet and then informed the Defendants of the contact that the Defendants want to borrow a loan from G, and the Defendants contacted that G want to borrow a loan from E, and around November 11, 2016, the Defendants loaned KRW 500,000 to G from the house of G located in Busan-gu Busan-gu H301 and received KRW 80,000,000 including interest until November 18, 2016.

Accordingly, the Defendants conspired with E to engage in the lending business without registration.

(b) If an unregistered credit service provider grants a loan to an unregistered credit service provider, the unregistered credit service provider shall not charge interest exceeding the interest rate of 25% per annum;

Nevertheless, the Defendants, in collusion with E, did not register the lending business, lent KRW 500,00 to G at the date and place specified in paragraph 1(a), and thereafter lent KRW 700,000 to G by December 1, 2016.

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