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(영문) 서울남부지방법원 2015.07.22 2014고정2682
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A shall be punished by a fine of KRW 700,00, KRW 700, KRW 200, KRW 1,000, KRW 300.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant C and D: (a) around October 11, 2012, Defendant C registered the credit business under the name of husband G with the name of “H”; (b) a person engaged in credit business as provided in 101 and 701, Gangseo-gu Seoul Metropolitan Government I apartment 101 and 701; and (c) Defendant D is a person who, around June 4, 2013, engages in credit business with the name of “K” and engages in credit business as provided in Seocho-gu Seoul Metropolitan Government L Apartment 101 and 502.

As above, the Defendants merely leased another person’s name and registered credit business in the name of the Defendants, but did not have registered credit business. However, around May 16, 2013, the Defendants leased KRW 1.2 billion to M Co., Ltd. ( KRW 225 million in Defendant C’s share, KRW 3.5 million in Defendant D’s share) from the Saly Saemaul Bank located in the Dong-dong, Dongjak-gu Seoul Metropolitan Government, to the above company seven times from around that time until August 19, 2013, including lending KRW 2,182,31,300 in total.

Accordingly, the Defendants were engaged in credit business without being registered in the competent market.

2. Defendants A and A are credit service providers that engage in credit business under the name of "O" in the name of "N apartment 131 and 1502 in e.g., the name of "O". Defendant B is credit service providers that engage in credit business under the trade name of " Q" in the Seo-gu Busan Metropolitan City P building 219 in Goyang-si. Defendant C and D are unregistered credit service providers that engage in credit business by lending another person's name, as in the preceding paragraph.

Where a credit service provider lends a loan to an individual or a small enterprise, the interest rate shall not exceed 39% per annum, and the interest rate shall not exceed 30% per annum when an unregistered credit service provider lends a loan.

Nevertheless, on May 16, 2013, the Defendants conspired to lend KRW 1.2 billion to M Co., Ltd. from the Sari Saemaeul Fund located in the Dong-dong, Dongjak-gu Seoul Metropolitan Government, and then on September 26, 2013, part of KRW 505,970,000, which was paid as the sale of secured real estate on September 26, 2013, as to KRW 1,500,000 per day on the 17-day overdue interest of KRW 1,200,000 per annum.

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