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(영문) 서울북부지방법원 2017.09.28 2017고정720
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A A shall be punished by a fine of two million won, and Defendant B shall be punished by a fine of four million won.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Any person who intends to engage in loan business shall register his/her business with a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Do Governor, or a Special Self-Governing Province Governor having jurisdiction over the relevant place of business;

Nevertheless, without registering a loan business, the Defendants offered money to Defendant B to a small-scale merchant, etc.; Defendant A offered to lend money to Defendant B to a small-scale merchant, etc. and offered to collect the principal and interest thereof; from June 2016 to June 27, 2016, Defendant A loaned KRW 1,000,000 to G on the condition that the principal and interest shall be repaid for 40 days per day from June 27, 2016 when operating the lending company under the trade name of “F” from around 310,000 to “F”; and from that time, from July 12, 2016, Defendant A loaned money to G, etc. 29 times in total, and received a refund of the principal and interest from the lender of money from around August 29, 2016.

Accordingly, the Defendants conspired to engage in the unregistered loan business.

2. Where a credit service provider, etc. unregistered in excess of the interest rate, the maximum interest rate under a contract for lending and borrowing money shall not exceed 25 percent per annum;

Nevertheless, the Defendants, as seen above, while running a loan business without registering with the competent authority, lent money to 26 persons, including H, from June 27, 2016 to July 12, 2016, by having them receive interest rate of 25% per annum or 336.1% per annum over a total of 29 occasions, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to I by the police;

1. Details of deposit transactions (A);

1. Original of account books for days;

1. An agreement on use of an office;

1. A detailed statement of transactions of passbook (B);

1. One copy of the text sent to A by B;

1. Application of statutes of one copy of a real estate lease agreement;

1. Relevant legal provisions and the Defendants’ choice of punishment for criminal facts: Registration of each loan business, etc. and Act on the Protection of Financial Users.

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