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(영문) 서울중앙지방법원 2013.11.27 2013고단4918
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A Imprisonment of two years and fine of 50,000,000 won, Defendant B’s imprisonment of ten months and fine of 10,000,000 won, respectively.

Reasons

Punishment of the crime

1. The Defendants’ status relationship A, the Defendant, without registering his credit business from December 2, 2009 to December 2, 2012, was engaged in credit business by providing loans to those who need balance certification through loan brokers, etc., and Defendant B, from around December 2008 to around July 2012, was a person who engaged in loan brokerage business in the name of “B” in Seoul Jung-gu, Seoul.

2. A person who intends to run a credit business or a credit brokerage business shall file for registration with the Mayor/Do Governor having jurisdiction over the relevant place of business.

Defendant

A (1) From December 2009 to September 2010, Defendant A, without registration, introduced loans from loan service providers to the head of the Tong in the name of loan service applicants and deposited loans from loan service providers under the name of loan service providers, without registering credit business, and then established a pledge right on the loan. After keeping all documents such as the head of the passbook, the loan service provider collected and then returned the above documents, Defendant A used the interest, etc. received from loan applicants in division with B.

Defendant

A around December 22, 2009, introduced (State) H in need of a certificate of the deposit record for annual settlement of accounts from the above B at the Nowon-gu Seoul Special Metropolitan City Nowon-gu's Nowon-gu's Nowon-gu's Nowon-gu's Nowon-gu's Nowon-gu's Nowon-gu's Nowon-gu's branch, and remitted KRW 1 billion to the above company's account under the name of the company after receiving KRW 14 billion as interest for one month, and then remitted from that company from September 28, 2010, as shown in attached Table 1, from that time until September 28, 2010, A loaned KRW 6.77 billion in total to the applicant for loans introduced from B over 119 times, and received KRW 286.6.4 million in total as interest.

Accordingly, Defendant A engaged in credit business without registering credit business to the competent authorities.

(2) Defendant A who runs a unregistered credit business from October 2010 to November 2012 shall be around September 2010.

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