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(영문) 부산지방법원 2014.08.22 2013고합464
사기등
Text

Defendant

A shall be punished by a fine for negligence of KRW 20,00,000, and by a fine of KRW 8,000,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant A, who is engaged in unregistered credit business on the second floor of the 2nd floor of the 2nd floor of the 2013-Mahap464, was willing to engage in unregistered credit business by sharing the roles of preparing loan documents and arranging funds. Defendant B, F, and G, as a prompt name, directly loans to the lending party by raising funds from Defendant B, F, and G, and H, while operating the J in Busan, through sharing the roles of linking the lending party with the lending party and receiving the prescribed fees.

1. Defendant A

(a) No registered credit service provider that violates the Act on the Registration of Credit Business, etc. and Protection of Financial Users due to excessive payment of interest shall, if it lends a loan to an individual or a small-scale corporation, exceed the interest rate (30% per annum);

Nevertheless, the Defendant conspired with H, B, F, and G as above, and loaned KRW 50,000,000 to L engaged in construction business after deducting KRW 7,730,000 from prepaid interest and loan fees (the principal amount of loan KRW 4,2270,000, the due two months, the repayment of principal and interest, and KRW 61,80,000) at the K Office and J Office on November 8, 201 (hereinafter referred to as “K”) and received interest exceeding the interest rate prescribed by the Presidential Decree from November 1, 2011 to May 17, 201, by lending the principal amount of KRW 475,950,570 over 17 times as stated in the attached list of crimes (A).

Accordingly, in collusion with H, B, F, and G, the Defendant received interest exceeding the limited interest rate prescribed by the Presidential Decree by borrowing KRW 475,950,570 in total from L, etc. with interest rate of KRW 44.4% or 400 per annum.

B. The Defendant violated the Act on Registration of Credit Business, etc. and Protection of Financial Users by Unregistered Credit Business under the Act on Registration of Credit Business and Protection of Financial Users, in collusion with H, B, F, and G, and without registration with the competent authorities, extended over 17 times to L and M, such as the foregoing paragraph.

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