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(영문) 서울중앙지방법원 2015.02.13 2014고단7514

대부업등의등록및금융이용자보호에관한법률위반등

Text

Defendant

A Imprisonment for 10 months, each of the defendants B, C, and D shall be punished by imprisonment for 6 months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

1. The sole crime committed by Defendant A;

(a) Any person who intends to engage in unregistered credit business shall file for registration with the competent authority having jurisdiction over the relevant place of business by the relevant place of business;

On July 11, 2014, the Defendant loaned KRW 45 million after deducting 5 million from the victim’s passport as a prior interest for one day to the competent authority, and operated unregistered credit business without registering with the competent authority, from “G casino located in Gwangjin-gu Seoul Special Metropolitan City,” the victim H (H and 42 years of age) of Chinese nationality (“H and 42 years of age”).

B. In light of Article 11(1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 2(1) of the former Interest Limitation Act (amended by Act No. 1227, Jan. 14, 2014); Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014); and Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014), where a credit service provider, who is not registered, lends a loan in excess of the interest rate, it is obvious that the “34.9%” in the indictment is

(b) shall not receive any interest in excess of that amount.

The defendant's indictment on July 11, 2014 is a clerical error in the indictment " around July 11, 2013". It is clear that it is a clerical error in the indictment " around July 11, 2014."

In the above casino, the victim H was given a one-day loan of KRW 50 million to the victim H, and the amount of KRW 45 million after deducting KRW 5 million as a prior interest was paid in excess of the interest rate of KRW 30%.

2. Joint crimes committed by the Defendants

A. The Defendants conspired to jointly coercion the victim to prepare a certificate of borrowing that he/she would have the victim complete payment of KRW 55 million by jointly threatening the victim.

On October 3, 2014, around 00:30 on October 3, 2014, the Defendants are surrounded by the victims of the Defendant A’s high-speed car parked in the J Casino parking lot located in Gangnam-gu Seoul Metropolitan Government.