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(영문) 부산지방법원 2019.05.22 2019고단1341
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendant

A Imprisonment for one year, Defendant B, C, and D shall be punished by a fine of three million won, respectively.

Defendant

B, C, and D shall be subject to the above fine.

Reasons

Punishment of the crime

The Defendants, as the post-registered loan companies in Busan City, provided support for credit business funds, loan contracts, and loan borrowed name cards while operating unregistered loan companies, and Defendant B, Defendant C, and Defendant D were employees employed by Defendant A, who distributed the name of loan produced by Defendant A using the Otoba, to Busan area, and play the role of lending consultation and collection of the number of days against the loan applicants.

1. Defendant A

A. A person who intends to engage in credit business, etc. in violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users from Unregistered Credit Business due to Registration of Credit Business, etc. and Protection of Financial Users, is registered with the competent authority having jurisdiction over the pertinent place of business, but the Defendant did not register credit business, and around March 2017, the Defendant was running unregistered Credit Business by lending KRW 500,000 to F from Seo-gu, Busan Metropolitan City by paying KRW 500,000 after deducting KRW 500,000 as a fee, and paying KRW 100,000 per day by 68 times as stated in the list of crimes in the attached Table, including that principal and interest shall be repaid by equal number of days from March 2017 to December 13, 2018.

(b) Where a unregistered credit service provider violates the Act on the Registration of Credit Business, etc. and Protection of Financial Users due to excess of statutory interest rates makes a loan, the maximum interest rate shall not exceed 24-25 per annum (25 per annum before February 8, 2018, and 24 per annum thereafter).

However, around March 2017, the Defendant, while lending KRW 5 million to F from the Singu of Busan to F, paid KRW 4,500,000 after deducting KRW 500,000 as a fee, and agreed to pay the principal and interest at a rate of 473% per annum by making an agreement to repay the principal and interest at a rate of 68 times a day in 100,000 per annum, as shown in the list of crimes in the attached Table, including the agreement to pay interest at a rate of 47% from March 2017 to December 13, 2018.

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