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(영문) 부산지방법원 2017.10.27 2017고단3988
대부업등의등록및금융이용자보호에관한법률위반등
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year;

Nos. 1 to 57 of seized evidence shall be charged to the defendant.

Reasons

Punishment of the crime

1. Defendant A who violated the Defendants’ non-registered loan business and interest rate limitation shall prepare an office in Busan-gu M&, Busan-gu M. and engage in the loan business (loan business). Defendant C is a person who lends the loan to Defendant A. Defendant E is a person who selects the applicant for the loan from the above office through the telephone counselor and delivers the list to Defendant A. Defendant B. Defendant B is a person who manages and supervises the telephone counselors who serve as the loan counsel with the applicant for the loan at the above office and reports the progress of the loan to Defendant A. The Defendant D is a person who directly delivers the loan to the lending user and collects the principal and interest.

The Defendants employed a telephone counselor such as N,O, P, Q, R, T, and U, and let him recommend a large number of unspecified persons to make a substitute loan. The Defendants offered loans to those wishing to make a substitute loan to increase credit rating by allowing them to repay the existing loan by lending funds to those who wish to borrow a substitute loan, and then solicited them to engage in loan business by allowing them to receive a loan from the next financial institution and to repay their principal and interest on the loan.

A. According to the Act on the Registration of Loan Business, etc. and the Protection of Financial Users (hereinafter “Loan Business Act”), any person who intends to engage in a business of lending money (including lending money by means of bill discount, transfer security, or any other similar method) or who intends to engage in a business of collecting claims under a loan agreement by transferring such claims shall file a registration with the competent authority of the relevant place of business.

Nevertheless, on February 19, 2016, the Defendants did not register with the competent authority and at the office located in Busan, Jin-gu M (hereinafter “instant loan office”).

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