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(영문) 인천지방법원 2013.11.21 2013고단5438
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A shall be punished by a fine of KRW 4 million, and Defendant B shall be punished by a fine of KRW 3 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

【Defendant A’s criminal power】 On October 29, 2012, after being sentenced to two years of probation on October 6, 2012 due to a violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users, etc. at the Incheon District Court, Defendant A was sentenced to two years of probation, which became final and conclusive on November 6, 2012, and Defendant B is currently under the probation period, and Defendant B was sentenced to two years of probation on October 29, 2012 with imprisonment for the same crime at the same court, and was sentenced to two years of probation on November 6, 2012.

[Defendant A] From June 2010 to operate a container office in Gyeyang-gu Incheon Metropolitan City as “E”, Defendant A is a person in charge of loan agreement and general affairs. Defendant B was in charge of debt collection at the above loan office from March 2012.

1. The Defendants’ co-principal

(a) Any person who intends to operate a unregistered credit business shall file for registration with the competent authority having jurisdiction over the relevant place of business by each place of business;

Nevertheless, around November 27, 2012, the Defendants conspired to provide the above office with a loan of 5 million won to F without registering with the competent office, and agreed to receive 10,000 won each month at 70,000 won, and had been paid seven times to operate the unregistered credit business.

(b) Where an unregistered credit service provider and/or an unregistered credit service provider grant a loan in excess of a restricted rate, they shall not receive interest at an rate exceeding 30/100 per annum.

Nevertheless, the Defendants conspired to make a loan to F as described in the preceding paragraph, and then received interest at the rate of 79.6% exceeding the above 30%.

2. The sole criminal conduct of Defendant A;

(a) Any person who intends to operate a unregistered credit business shall file for registration with the competent authority having jurisdiction over the relevant place of business by each place of business;

Nevertheless, the defendant, without registering with the competent authority, agreed on February 28, 2013 to lend KRW 6 million to G and receive KRW 500,000 each month at the above office.

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