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(영문) 대구지방법원 김천지원 2018.01.16 2017고단1637

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant

A Imprisonment with prison labor for ten months, for each of six months, for each of six months.

However, from the date this judgment becomes final and conclusive, respectively.

Reasons

Punishment of the crime

A person who intends to engage in loan business shall register with the competent authority for each place of business and shall not advertise the loan business, other than a credit service provider, and if a unregistered credit service provider grants a loan, the loan shall not exceed the legal interest rate of 25% per annum.

From March 10, 2016 to March 30, 2017, Defendants conspired to operate a loan business office without registering with the competent authorities. The Defendants placed an advertisement on loan business by having “F” under the name of “F” with which E and its name cannot be known at a large number of places, such as the Gu-Simpon-dong, Nowon-do, etc. when entering the Gu-si and entering the Gu-si, with a view to getting off and entering the Gu-Simb, and indicating the loan advertisement with contact details, such as “Il Jin-do G, Unsecured, Unguaranteed, Ilish-dong, Ilish-dong, Ilish-dong,” etc.

On March 10, 2016, the Defendants agreed to lend KRW 1,500,000 per annum to H who reported and contacted the name of the above loan advertisement at a place where it is unknown, and agreed to repay KRW 30,000 per annum 436.7% per annum for 65 days at the interest rate of 436.7% per annum, and granted KRW 1,350,000 after deducting KRW 1,50,000 per annum, as shown in the list of crimes in the attached Table, and granted KRW 358,895,00 per total over 169 occasions.

Accordingly, the Defendants conspired to make a loan business without registering with the competent authorities, and made an advertisement on the loan business in collusion with E, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol of seizure;

1. Investigation report (the classification of the number of days voluntarily submitted for each zone) and investigation report (the contents recorded in each number of days pocket book);

1. Name-type advertising paper, the results of inquiry by the registered business entity of the lending business association, each loan list, details of account transactions, photographs of each mobile phone, and copies of bankbooks;

1. Application of the CD-related Acts and subordinate statutes to each on-site photograph, number of days, copies of pocket book, the Defendants’ text messages, and telephone call details

1. Defendants of the relevant legal provisions and the choice of punishment regarding criminal facts: Each loan business.