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(영문) 울산지방법원 2016.01.27 2015고단2746

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant

A shall be punished by a fine of 5,00,000 won and by imprisonment of 10 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

Defendant B is a person who operates a lending company under the trade name of “D” in Ulsan-gu, Ulsan-gu, and Defendant A is an employee who helps and helps Defendant B.

1. Joint crimes committed by Defendants (Violation of the Act on the Registration of Loan Business and the Protection of Financial Users)

A. On October 24, 2014, Defendant B loaned KRW 2 million to E through Defendant A in front of the Hyundai Heavy Industries Marine Business Headquarters in Ulsan-gu defense Dong-dong, Ulsan-gu, and loaned KRW 1.5 million after deducting KRW 5 million as a prior interest on the condition that 25% of the interest is paid every month. From November 201, 2014 to December 2, 2014, Defendant B was paid KRW 1 million as an interest on two occasions between the two occasions.

Accordingly, the Defendants conspired to pay interest at an annual interest rate of 405.6% exceeding the statutory interest rate.

B. On February 17, 2015, the Defendants lent 5 million won to the victim F at the notary public H office located in Ulsan-gu, Ulsan-gu, Incheon-gu, to the victim F, and leased 3.94 billion won after deducting 1 million won as a prior interest and 60 thousand won as a notarized expense, on condition that the Defendants receive interest of 1 million won per month, and received 3.5 million won as interest from April 2015 to May 5 of the same month.

Accordingly, the Defendants conspired to pay interest at an annual interest rate of 405.5% exceeding the statutory interest rate.

(c)

(1) On March 6, 2015, the Defendants lent 2 million won to the victim I in front of the sloping restaurant in Ulsan-gu, Ulsan-gu, Busan-do, where the trade name is unknown, on March 6, 2015, and leased 1.45 million won after deducting 50,000 won under the name of prior interest and 50,000 won under the pretext of notarial act, on condition that the above amount is repaid after one month. The Defendants were repaid 2 million won as principal around April 6, 2015.

Accordingly, the Defendants conspired to pay interest at an annual interest rate of 461.5% exceeding the statutory interest rate.

(2) On April 9, 2015, the Defendants are under the jurisdiction of Ulsan-gu, Chungcheongnam-gu, Seoul-do.