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(영문) 대구지방법원 상주지원 2014.04.29 2013고단528 (1)

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

B served as the president in charge of fund management, loan decision-making, etc., C was the director of the division in charge of public relations in areas such as residential areas, occupied villages, etc., management of gold and gold collection employees, and the defendant was gathered to engage in credit business in excess of the interest rate by making registration without registration, respectively.

No unregistered credit service provider may lend a loan to any other credit service provider at an interest rate determined by statutes.

Around January 19, 2010, the Defendant, in collusion with B, C, and D, lent KRW 1,00,000 to E at an infinite location at a time below the end of Seodaemun-si, the Defendant actually paid KRW 50,000,000,000,000, and agreed to receive interest rate of KRW 285,000 per annum on the condition that 20,000,000 per day be repaid for 60 days on a equal basis with the principal and interest of KRW 20,00 per day. In addition, the Defendant violated the restriction on interest rate over five times in total, as described in the attached Form B, C, D, and A crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of B and C;

1. Investigation report (related to confirmation of frequency of repayment) and details of repayment;

1. Abstract of the details of transactions in each account;

1. Details of account transactions for victims;

1. Details of account transactions of suspects;

1. Application of Acts and subordinate statutes to details exceeding interest rates;

1. Article 19 (2) 3 and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users for Crimes and Selection of Punishment, Article 30 of the Criminal Act, and Selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;