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(영문) 부산지방법원 2017.08.23 2017고단1936
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendant

A Imprisonment with prison labor of one year and six months, fine of five million won, imprisonment with prison labor of six months, and imprisonment with prison labor of defendant C and D, respectively.

Reasons

Punishment of the crime

1. A person who intends to engage in a loan business in violation of the Act on the Registration of Loan Business, etc. of Defendants and the Protection of Financial Users shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business, and where an unregistered credit service provider grants a loan, the highest interest rate shall not exceed 25% per annum, and where an equal credit service provider grants a loan, the highest interest rate shall not exceed 27.9% per annum.

Defendants A (one person “G”) played a general role in managing the operation of unregistered illegal loan businesses; Defendant B (one person “H”) as Defendant A’s wife in charge of the above loan company’s accounting and customer reception service; Defendant C (one person “I”) and Defendant D conspired to engage in loan business by means of receiving interest exceeding the legal autonomy by taking charge of preparing loan documents, demanding loan-related documents, and taking charge of the amount of money.

According to the aforementioned public offering, the Defendants did not register a loan business from May 2016 to September 8, 2016 without registering the loan business. From September 9, 2016 to September 3, 2016, the Defendants engaged in the loan business at the K Building 303, etc. at Simsan-si. On May 2016, the Defendants paid KRW 500,000,000,000 to L with a prior interest plus KRW 200,000,000,000,000,000, in advance and paid KRW 3466% interest after seven days after the payment of interest under the name of interest, and thereafter, received approximately KRW 3,466% interest from around that seven days to March 20, 2017, by leasing the principal amount over 229,000,000 won over a total of 686 times, as in the attached list of crimes.

2. No person who has violated the Fair Debt Collection Practices of Defendant D or A shall assault, threaten, arrest or detain, or use deceptive schemes or force against, a debtor or his/her related persons in connection with debt collection;

A. Defendant D1).

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