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(영문) 서울북부지방법원 2014.07.25 2014고단1336
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A Imprisonment with prison labor of one year and six months, Defendant B's imprisonment with prison labor of four months, Defendant C's imprisonment with prison labor of ten months, and Defendant D.

Reasons

Punishment of the crime

Defendant

A and Defendant C are the owners of businesses that operate unregistered credit companies by investing half of them, and Defendant D, Defendant H, Defendant E, and Defendant B are employees.

Defendants and Defendant H, who are employees, distributed the name of “I” advertisement in which Defendant D, Defendant H, Defendant E, and Defendant B divided Seoul Japan into each region and returned to the phone number in each region. Defendant A, who reported and contacted the name, provided a loan consultation to the lender and provided a regional staff with the lender, and employees in charge of the region conducted the operation of the unregistered credit service company by entering into a loan contract with the lender.

1. Interest received in excess of the interest rate;

A. Where Defendant A, Defendant C, and Defendant D make a loan, the maximum interest rate under the contract for lending and borrowing of money shall not exceed 30% per annum.

Nevertheless, on April 19, 2012, the Defendants distributed I’s name tag in order to use O’Sababababababa, and lent KRW 1 million to J who reported the distribution, KRW 920,000,000,000,000 excluding 8% of the principal with fees, and KRW 40,000 per annum 629% of the interest rate per annum by using the name of principal and interest for 44 days, and received interest from all 40,000 persons from that time until February 28, 2013 as listed in attached Table (1).

Accordingly, the Defendants conspired to receive interest exceeding the statutory interest rate.

B. On November 13, 2013, Defendant A, Defendant C, Defendant D, Defendant H, Defendant E’s co-principal, and Defendant H distributed the name tag “I” in the Seoul Southernbuk-gu Seoul Northern District on a random basis, using Obato, and then lent KRW 1.5 million to K who called the report, and KRW 8% of the principal amount at the fee.

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