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(영문) 대구지방법원 2014.05.28 2014고단655 (2)
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

(a) When the Defendant and the Party B or C intend to run a credit business without registration, they shall register the credit business with the competent authority;

Nevertheless, B plays a role in raising funds necessary for credit business as one pre-registered owner, the Defendant, as funds created by B, managed the unregistered credit business without registration to the competent authorities in Jeonju-si, Ysan-si, etc., and D and C, upon receiving instructions from A, are in charge of spreading and collecting borrowed advertisements at Jeonju-si, etc., and offered them in sequence to engage in the high interest-free credit business.

A around November 2012, without registering a credit business to the competent authority in accordance with the above public offering, and after receiving KRW 70 million necessary for credit business from B, B shall divide its profits into half-yearlys. On November 23, 2012, D and C ordered D and C to engage in the business of spraying and collecting borrowed advertising leaflets, and registered KRW 436.7% per annum, including principal and interest, on condition that D and C shall be paid at an annual interest rate of KRW 25,000,000,000 for 65 days each day after deducting KRW 1,000,000,000,000 from October 18, 2012 to March 22, 2013.

(b) In the event that a loan is made through registration without any legal interest in excess of the legal interest in Defendant B, D, and C, interest exceeding 30% per annum, which is the statutory interest rate, shall not be collected.

Nevertheless, the defendant above 1. A.

As stated in this paragraph, F shall receive interest equivalent to 436.7% per annum on the condition that F shall be paid for 65 days each day, including the principal and interest, after deducting 100,000 won from the advance interest, and shall receive interest exceeding the statutory limit.

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