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(영문) 서울서부지방법원 2020.11.19 2020고단2786
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendant

A Imprisonment with prison labor of one year and two months, one year of imprisonment with prison labor of Defendant B, eight months of imprisonment with prison labor of Defendant C and Defendant D.

Reasons

Punishment of the crime

1. Any person who intends to engage in credit business, in violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users of Defendants A, B, C, and D, shall register the relevant place of business with the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province Governor, which has jurisdiction over the relevant place of business, while if a unregistered credit service provider lends a loan, he/she shall not receive interest

Nevertheless, the Defendants: (a) performed loan advertisement with the name of “G”, “H”, and “I”, which are Internet sites; (b) intended to engage in unregistered credit business for the persons who reported and contacted the advertisement; (c) intended to take overall charge of the operation of the lending business; (d) Defendant C took charge of the overall control over the operation of the lending business; (e) Defendant C’s police officer on March 16, 2020; and (e) Defendant D received a certified copy of the resident registration and the loan agreement against the obligor who contacted with the advertisement and received the report on his economic power on May 16, 2020; (c) Defendant B confirmed the obligor’s application for the loan; and (d) requested F to transfer the loan to the obligor; and (e) requested E, an employee E to urge repayment of the debt if the repayment date expires against the obligor.

As above, the Defendants conspired to post a credit business advertisement on the Internet site, such as "G" without registering in the French area, Seo-gu, Gwangju Metropolitan City on April 24, 2020, and lend 500,000 won to theO that reported and contacted such advertisement, but in fact, 200,000 won is deducted as prior interest and only 300,000 won is paid, and money is lent on condition that five hundred thousand won is repaid after the day.

“The” means a photographic file, such as a loan application and a copy of resident registration, from an obligor.

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