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(영문) 서울북부지방법원 2018.04.04 2017고단5327
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendant

A Imprisonment with prison labor for one year, for ten months, and for eight months, for each of the defendants C.

(b).

Reasons

Punishment of the crime

1. A person who intends to engage in loan business in violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users shall register the relevant place of business with the competent authority for each place of business, and if an unregistered credit service provider grants a loan, the interest rate shall not exceed 25 percent per annum;

Defendant

A had the mind to operate the lending company without registering with the competent authority on June 2017, and had the defendant B and the defendant C, who was known to the police officer, offered a proposal to provide an employee position and received the consent, and together with that, the office was set up at the residence of the defendant B located in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, and Dobong-gu to engage in the lending business.

Accordingly, on June 28, 2017, the Defendants lent 1.8 million won per annum to G that reported that the name of the advertisement was placed in Seoul Special Metropolitan City (hereinafter referred to as “Seoul”) around 200,000 won per day, and demanded to repay 2.6 million won per annum for 65 days per day, thereby lending 436.7% per annum from that time until November 10, 2017.

As a result, the Defendants conspired to do loan business without registering the loan business, and violated the interest rate limit.

2. On October 31, 2017, Defendants in violation of the Punishment of Violences, etc. Act and the Fair Debt Collection Practices Act planned to borrow 2,150,000 won between the victim H (the age of 58) and the number of days around October 17, 2017, and to recover 2,150,000 won from the victim’s home and to receive the debt as security.

Accordingly, on October 31, 2017, Defendant B found the victim H's residence in Seoul Special Metropolitan City, Nowon-gu, where the victim H had been located, and Defendant B was able to get off the elevator before the elevator of the same floor, and only one of the goods entered the house.

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