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(영문) 서울동부지방법원 2018.11.07 2018고단3004
대부업등의등록및금융이용자보호에관한법률위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No credit service provider, etc. that violates the Act on the Registration of Loan Business, etc. and the Protection of Financial Users shall allow any other person to engage in a loan business, etc. under its name, nor lend its registration certificate;

Nevertheless, around March 6, 2014, at the office located in Songpa-gu Seoul Metropolitan Government around March 6, 2014, when D was unable to engage in the loan business due to the grounds for restrictions on the registration of the loan business, the Defendant registered the loan business with the name of "E" with the competent authority under the name of the Defendant, and had D conduct the loan business, etc. in the name of the Defendant from around that time to July 10, 2015.

2. An interest rate shall be set within the extent not exceeding 30% per annum (from October 26, 2011 to July 14, 201) or 25% per annum (from July 15, 2014 to July 15, 2014) where a credit service provider without assistance and assistance in violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users provides a loan;

Nevertheless, D loaned KRW 23,480,00 to F at the place specified in paragraph (1) around January 27, 2014, and granted KRW 18,353,533 after deducting KRW 978,333, under the name of prior interest, and KRW 234,80 under the name of prior interest, and received KRW 234,80,00 for 100 each day after having agreed to receive KRW 10% of principal as interest, and received it for 186.3% from around that time to August 6, 2015, and received a payment of interest exceeding self-regulation by lending KRW 1,697,384,00 over 72 times as indicated in the list of crimes in the attached list of crimes.

The Defendant: (a) around January 27, 2014, from around August 6, 2015 to around August 6, 2015, entered into a lease agreement with D’s employees to lend the name of the lending business or to use the office for the lending business in order to assist D’s employees, with the knowledge that D’s employees would engage in the lending business by receiving interest exceeding the autonomy as above; and (b) distributed the lending advertising leaflet by mobilization of other employees; and (c) manage the “Transaction”.

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