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(영문) 서울남부지방법원 2018.03.16 2017고단3133 (1)
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

In the name of the person who is not eligible for the name shall be registered as a lending company under the name of "C" and "E", and the defendant was engaged in lending business under the name of each lending company, while the defendant was in charge of lending consultation and contract affairs, and another person in charge of collection.

And B and D decided to register the loan business in their respective names at the request of the above person without the name, and to lend this to the person with no name.

Accordingly, on January 28, 2015, a nameless person: (a) made a loan business registration under B’s name “C” and “E” under D’s name on July 22, 2016; and (b) made a loan business advertisement at F and G lending relay sites using the said lending business entity; (c) concluded a loan consultation and loan contract with a person who reported the said lending relay site, and (d) agreed to receive interest exceeding the statutory interest rate by directly concluding the loan consultation and loan contract; and (e) the nameless person conspired to engage in the loan business by collecting claims against the debtor who received the loan.

1. On June 16, 2016, the Defendant offered a loan of KRW 440,000,000,000,000 for prior interest and KRW 2,60,000,00,000, from September 1, 2015 to August 22, 2016, with a view to lending KRW 700,000,000,000 for prior interest and KRW 60,000,00,000,000 for a total of KRW 61,125,00 from around 1, 2015 to around 2, 2016, as shown in the List of Crimes in the attached Table 1, and was repaid for the principal and interest.

Accordingly, the defendant, in collusion with the name-free winners, engaged in the loan business without registration.

2. The Defendant who violated the prohibition of loan business advertising is not registered with the competent administrative agency in collusion with the name-free winners, and is named as “C” in the name of the business entity C, contact I, and F, from April 25, 2016 to September 7, 2016, to F, a loan brokerage site, without registering the loan business with the competent administrative agency.

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