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(영문) 대전지방법원 천안지원 2018.04.19 2017고단2972
대부업등의등록및금융이용자보호에관한법률위반
Text

1. Defendant A shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

A person who intends to run a loan business or a loan brokerage business shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business, and a unregistered credit service provider shall not collect interest exceeding the interest rate under the Interest Limitation Act when lending a loan to an individual or a small corporation.

Nevertheless, Defendant B had the role of raising loan funds, and Defendant A had the role of attracting loan recipients and conspired to engage in the loan business without registration by way of remitting all the money collected after the court received the interest exceeding self-regulation to Defendant B’s passbook, and then dividing one half of the profit amount.

On January 22, 2014, the Defendants, without registering the loan business, leased KRW 5 million to one-person “E” and granted KRW 4.5 million per annum after deducting KRW 500,000 from the name of commission, advance interest, etc., at least 143.3% per annum, from the time to April 3, 2014, the Defendants loaned total of KRW 71 million over 17 times per annum from April 3, 2014, and received interest of KRW 66.6% per annum to 920.8% per annum.

As a result, the Defendants conspired to engage in unregistered loan business and violated the interest rate limit.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the interrogation of suspects by the prosecution against the Defendants

1. A criminal investigation report (Submission of suspect data), details of passbooks, books of account, loan documents, etc.;

1. Requests for cooperation in investigation ( Current status of the registration of loan business) and the relocation of investigative cooperation councils;

1. Application of seizure records and statutes concerning the list of seizure;

1. The Defendants of the pertinent criminal facts: Article 19(1)1 and Article 3(1) of the Act on the Registration of respective lending businesses, etc. and Protection of Financial Users; Article 30 of the Criminal Act (the occupation of unregistered lending businesses); Article 19(2)3 and Article 11(1) of the Act on the Registration of Loan Business, etc. and Protection of Financial Users; Article 30 of the Criminal Act (limited interest rate).

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