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(영문) 서울동부지방법원 2020.01.10 2019고단2712
대부업등의등록및금융이용자보호에관한법률위반등
Text

[Defendant A] The defendant shall be punished by imprisonment for ten months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendants, along with D, E, etc., conspired to lend a small amount of money to many unspecified persons by using the mobile phone and account under the name of another person, one-person, and the one-person account, and to distribute profits after receiving high interest. Defendant C, as the so-called “head of the team,” the management and distribution of overall organization and revenue, Defendant A, as the so-called “head of the team,” and the management of regional offices and employees, Defendant B, D, and E, as the so-called “head of the team,” share the role of having the obligor contact, cash lending, and demand for repayment.

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

(a) Any person who intends to run a credit business in violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users due to unregistered credit business shall register with the competent administrative agency by place of business;

Nevertheless, the Defendants conspired with the competent authority to lend KRW 50,00,00 to the debtor F at a non-permanent site around October 5, 2018, and delivered KRW 200,000 after deducting KRW 500,000 from the prior interest, and received reimbursement of KRW 500,000 on November 1, 2018, and as indicated in the attached Table I, Defendant C, like the following: (a) from October 17, 2016 to August 2, 2019; (b) from February 13, 2017 to August 2, 2019, Defendant C loaned approximately KRW 2,132,850,00 in total; and (c) from February 13, 2017 to August 27, 2019, Defendant A loaned approximately KRW 300,000 in total from around 30,390,98; and (d) from around 190,396.8

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

(b) Where an unregistered credit service provider violates the Act on Registration of Credit Business, etc. and Protection of Financial Users due to the number of interests exceeded the interest rate, the interest rate shall not exceed 24 percent per annum;

Nevertheless, the Defendants conspired with the competent authorities as above.

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