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(영문) 광주지방법원 목포지원 2016.04.01 2015고단1696

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 2013, Defendant A: (a) delivered KRW 2.7 million after deducting KRW 3 million from a prior interest, on condition that he/she loaned KRW 3 million to C at an infinite place at the end of the end of the end of the month; (b) agreed to receive KRW 50,000 per annum 3.9% per annum for 78 days each day as principal and interest; and (c) loaned 3.64% interest per annum from September 2015 to September 2015 in the same manner, Defendant A loaned money to 80 persons, as shown in the attached Table 1, and received repayment of KRW 434,924,512 from these persons.

As a result, the Defendant run the lending business without registering with the competent authorities, and was paid interest exceeding the legal interest rate.

2. On March 2015, Defendant B: (a) delivered KRW 2.7 million after deducting KRW 3 million from a prior interest, on condition that he/she loaned KRW 3 million to C at an infinite place at a time below the end of 2015; (b) agreed to receive KRW 50,000 per annum 3.9% per annum as principal and interest; and (c) loaned 364% interest per annum from January 2015 to September 2015 in the same manner; and (d) loaned money to 333 persons, such as infinite 2,37,170,000, total principal and interest of which were paid from them.

As a result, the Defendant run the lending business without registering with the competent authorities, and was paid interest exceeding the legal interest rate.

Summary of Evidence

1. The statement made by the defendant A in the first public trial record, and the statement made by the defendant B in the second public trial record;

1. C Police Statement Statement;

1. Application of Acts and subordinate statutes on the original file CDs and bank reply details;

1. Article 19(1)1, Article 3(1) of the Act on the Registration of and Protection of Financial Users from the pertinent legal provisions for criminal facts, each of the loan businesses, etc. for the choice of punishment, and Article 19(2) of the Act on the Protection of Financial Users.