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(영문) 수원지방법원 여주지원 2014.05.30 2014고정184

업무방해등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On November 4, 2013, the Defendant interfered with the business of the Defendant: (a) replaced the lock locking system of the above multi-gate by force of the victim on the ground that the victim C was unable to pay interest in the Dda room operated by the victim C in Gwangju-si, Gwangju-si; (b) obstructed the victim’s multi-face business

2. A person who intends to engage in credit business in violation of the Registration of Credit Business, etc. and Protection of Financial Users Act shall register the relevant place of business with the administrative agency having jurisdiction over the relevant place of business, and if an unregistered credit service provider lends a loan, the interest rate shall not exceed 30 percent per annum;

Nevertheless, the Defendant, without registering with the competent authority on May 20, 2012, lent 9 million won to C from the office near the Echeon Bus Terminal located in Leecheon-si, Leecheon-si to September 3, 2012, and received 5 million won as interest, and received 500,000 won as interest, and received interest equivalent to 190% per annum.

In addition, the Defendant, from December 25, 2009 to September 26, 2013, borrowed a total of KRW 8,120,000,000 from around 12 times without registering as indicated in the separate crime list, and received interest equivalent to the minimum of 36% to 190% per annum on a total of 11 occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Seizure records;

1. Investigation report (verification of terms and conditions of loans to the E);

1. A copy of each bankbook and a detailed statement of admission and withdrawal;

1. Application of Acts and subordinate statutes to each day a day-day card, a copy of a loan certificate, and the ledger;

1. Article 314(1) of the Criminal Act applicable to criminal facts, Article 314(1) of the choice of punishment, Article 19(1)1 and Article 3(1) of the former Act on Registration of Credit Business, etc. and Protection, etc. of Finance Users (amended by Act No. 12156, Jan. 1, 2014); Articles 19(2)3 and 11(1) of the same Act (amended by Act No. 12156, Jan. 1, 2014); Articles 19(2)3 and 11(1) of the same Act, each of the choice of fines

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.