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(영문) 대전지방법원 2014.04.10 2014고정287

대부업의등록및금융이용자보호에관한법률위반방조

Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 4,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant B

A. Unregistered credit business Defendant did not register the credit business from January 1, 2013 to March 1 of the same year, and operated credit business with interest, as described in attached Table 2, on January 15, 2013, around 870,000 won, around February 15, 2013, around 1730,00 won, around February 15, 2013, around 18,00 won, around March 8, 2013, and around 2730,00 won, respectively, from March 15, 2013 to around March 15, 2013.

B. On January 15, 2013, the Defendant violated the Interest Limitation Act (hereinafter “E”) entered into an agreement with the victim in the “E” private teaching institute operated by the said victim in Seo-gu Daejeon, Seo-gu, Daejeon, to repay the principal and interest of KRW 3.9 million for 65 days a day by the number of days in which 60,000 per day was loaned to the victim, and paid the fee of KRW 1,50,000 after deducting KRW 1,50,000 (5%) and paying KRW 2.8,000,000 for 38 times after receiving KRW 2.3% per annum under the name of the principal and interest of the loan and receiving KRW 2.3%

3. From the 15th day to the 15th day, there was a violation of the interest rate limitation as shown in the annexed Table 2.

2. Defendant A, at the request of B, engaged in the bond business as described in the foregoing paragraph 1. B, the Defendant assisted and abetted the violation of the restrictions on unregistered credit business and interest rates in B by making loans as set forth in Nos. 2, 3, and 6 in the list of crimes committed by B with the funds of B, and by receiving interest from the bank account in the name of the wife F and delivering them to B.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of C;

1. Application of Acts and subordinate statutes on account transactions, and a copy of notarial deed;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Registration of credit business, etc. and protection of finance users.

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