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(영문) 대구지방법원 2013.11.07 2013고단4878
대부업등의등록및금융이용자보호에관한법률위반
Text

1. Defendant A’s imprisonment with prison labor for one year, Defendant B and C for six months, Defendant D and E for a fine of two thousand won, respectively.

Reasons

Punishment of the crime

Defendant

A is a person who operates a lending company under the trade name of “M” on the Namgu Nam-gu L, 2nd floor, and Defendant B, C, E, D, and F are employees from the above “M,” and Defendant G, Defendant H, I, and J are those who operate credit business without a specific office.

Any person who intends to run a credit business shall register with the head of the competent Si/Gun/Gu having jurisdiction over the relevant place of business, and where an unregistered credit service provider engages in a credit business, the interest rate shall not exceed 30 percent per annum.

Nevertheless, the Defendants were able to engage in a credit business with high interest rate by lending money to self-employed persons and receiving high interest.

1. Defendant A, B, C, E, D, and F’s joint criminal acts, including the management of funds and employees, shall operate the above “M”, and Defendant B, after receiving counseling from the customers, shall connect the customers to the Defendant C, manage the employees, and collect money, and Defendant C shall provide counseling and collect money from the customers transferred from the Defendant B. Defendant E, Defendant D, and Defendant F shared their roles, and conspired to engage in credit business by attracting customers.

On August 2, 2012, the above Defendants lent money to 14 persons including the debtor P during the period from August 2, 2012 to March 19, 2013, and received interest repayment from 14 persons including the debtor P, by lending KRW 1,00,000 to the debtor P, deducting KRW 10% of the commission, and receiving KRW 20,000 per day for 65 days.

Accordingly, the above Defendants received interest exceeding the limit and carried out unregistered credit business.

2. Defendant A, B, and C’s joint criminal acts committed on August 2, 2012, separately from the criminal facts set forth in the above 1. The Defendants leased KRW 4,00,000 to the debtor Q Q Q on August 2, 2012 and deducted KRW 3,80,000 after deducting 5% of the commission, and 65 days.

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