(영문) 부산지방법원 2018.12.19 2018고단4832

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(영문) 부산지방법원 2018.12.19 2018고단4832

대부업등의등록및금융이용자보호에관한법률위반등

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1. Defendant A shall be punished by imprisonment with prison labor for one year.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to engage in a joint crime lending business by the Defendants shall register with the Mayor/Do governor having jurisdiction over the pertinent place of business, and shall not receive interest exceeding the autonomy of the court.

The Defendants did not jointly register a loan business, and received interest of 101% per annum exceeding the legal autonomy on the condition that the principal and interest are paid in 30,000 won each day from July 64, 2018 to September 2018, 200, Defendant A managed the loan funds and employees and operated the lending company. Defendant B, according to the direction of Defendant A, took charge of collecting the loan from the debtor, and Defendant B paid KRW 1,00,000 after deducting 10% of the prior interest from the debtor F, while lending KRW 1,00,000 to the debtor F, and received interest of 101% per annum exceeding the legal autonomy by the same method from around that time to around September 2018.

As a result, the Defendants conspired to engage in loan business without registration and received interest exceeding the autonomy of law.

2. Defendant A

A. On May 2017, the Defendant: (a) paid KRW 1,800,00,000 calculated by deducting 10% of the pre-paid interest from the pre-paid interest while lending 2,00,000 won to G who is the debtor, without registering the loan business; (b) received interest of KRW 40,000 per annum in excess of the legal autonomy on the condition that the principal and interest are paid for 40,000 per day during 65 days; and (c) from around that time until July 2018, the Defendant received interest of KRW 228,00,000 in total over 103 times in the same manner as in the daily list of crimes (2) from around that time to July 2018; and (d) was paid with interest exceeding the legal autonomy.

As a result, the Defendant run a loan business with unregistered registration, and received interest exceeding the autonomy of the law.

(b).

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