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(영문) 서울중앙지방법원 2016.09.01 2016고단5023
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

Defendant

A is a person who operates the unregistered Credit Business Office in Seoul Jung-gu, Seoul, 402, and Defendant B is an employee of the said Credit Business Office.

1. Defendants’ conspiracy to commit a crime

(a) Any person who intends to operate unregistered credit business and engage in credit business in excess of the interest rate shall register with the Special Metropolitan City Mayor, Metropolitan City Mayors, etc., and unregistered credit service providers shall not charge interest exceeding the interest rate prescribed by the Interest Limitation Act;

The Defendants, without registering a credit business, offered a loan of KRW 2,00,000 per day to D around April 1, 2016, on condition that D shall be repaid for 40 days each day, and in fact, paid KRW 80,000 and KRW 1,740,000 per annum exceeding the statutory limit interest rate, and received interest of KRW 610 per annum from October 13, 2015 to April 4, 2016, as shown in the attached Table “crime List (1),” and received interest of KRW 56 total of KRW 39,50,000 per annum exceeding the statutory limit interest rate.

The Defendants conspired to engage in credit business, etc. without registering with the competent authority, and received interest exceeding the interest rate.

(b) No one, other than credit service providers or credit financial institutions, may place an advertisement for credit business;

From October 2015 to April 2016, the Defendants distributed a life-long leaflet with the content of the Seoul Jongno-gu, Jung-gu, Donggate, Seongdong-gu, and Seongdong-gu Commercial Building Cluster, stating that “number of days,” “number of days, amount of money,” and “dicker than other companies,” respectively.

The Defendants conspired to make an advertisement for credit business even though they are not credit service providers.

2. A person who intends to engage in credit business for sole crimes committed by Defendant B shall register with the Special Metropolitan City Mayor, Metropolitan City Mayors, etc.

The Defendant, without registering credit business, shall pay KRW 2,00,000,000 to E around August 26, 2014.

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