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(영문) 서울중앙지방법원 2018.10.04 2018고단3572
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A Imprisonment with prison labor for six months, Defendant B shall be punished by a fine of three thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A is a person who operates an unregistered loan company, and Defendant B is an employee of the above company.

Anyone shall register his/her loan business with the competent authority in order to engage in the loan business, and no unregistered credit service provider shall receive interest exceeding 25% per annum if the loan is made by the unregistered credit service provider.

Nevertheless, on February 18, 2016, the Defendants conspired to make a loan business registration to the competent authorities, and provided loans of KRW 1 million to F, KRW 7,40,000,000,000,000,000 for the fee of KRW 50,000 and KRW 2,10,000,000,000 for the advance payment of KRW 77,000 per day, and provided loans to F for more than 25% per annum for more than 30,000 per day, and from that time to October 17, 2017, the Defendants engaged in the loan business with a total of KRW 31,00,000 over 12 times per annum as stated in the attached list of crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to each process deed and investigation report (calculated as interest rate);

1. The Defendants of relevant criminal facts: Article 19(1)1 and Article 3(1) of the Act on the Registration of Loan Business, etc. and Protection of Financial Users, Article 30 of the Criminal Act (including the occupation of unregistered loan business, including the occupation of unregistered loan business), Article 19(2)3 and Article 11(1) of the Act on the Registration of each Loan Business, and Articles 19(2)3 and 11(1) of the Act on the Protection of Financial Users, Article 30 of the Criminal Act (including the occupation of receiving interest exceeding the restricted interest rate, including the occupation of receiving interest)

1. Defendant A who will choose a sentence of imprisonment: Each Defendant B who will be punished by a fine (to take into account the following factors: The degree of participation as an employee and the absence of any record of criminal punishment);

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: Criminal Act;

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