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(영문) 전주지방법원 정읍지원 2017.11.30 2017고단271

대부업등의등록및금융이용자보호에관한법률위반등

Text

Defendant

A shall be punished by a fine for negligence of KRW 7,000,000, and by a fine of KRW 5,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. A person who intends to engage in a joint criminal loan business by the Defendants shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business, and where an unregistered credit service provider lends a loan, he/she shall not receive interest exceeding the highest interest rate (30% per annum until July 15, 2014 and 25% per annum from July 15, 2014).

On May 1, 2014, the Defendants conspired to lend 2 million won to D without registering the lending business at the place of residence of the Defendants in the west-gun of North Korea, North Korea on May 1, 2014, and received 240% interest per annum exceeding 30% per annum with interest of 400,000 won per month at the statutory interest rate of 30% per annum.

The Defendants, including that, from May 1, 2014 to December 16, 2016, concluded a loan contract equivalent to a total of 25 million won on a total of 15 occasions, as shown in the list of crimes in the attached Table, and concluded a loan contract with a total of 15 times, and received interest exceeding the interest rate at the time of each loan by 1,2950,000 won equivalent to 240% per annum or 180% per annum.

2. On January 2017, Defendant A’s sole criminal defendant collected the claim by means of assault and assault, with interest 1.5 million won on the face of the victim, on the ground that the victim H (46 tax) borrowed money from the person who was liable for debt within the Gelan-gun F, North Korea, and North Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’

Summary of Evidence

1. Defendants’ legal statement

1. Police statements made to D or H;

1. Details of deposit transactions, copies of passbooks, verification of transaction details, application of Acts and subordinate statutes on checks;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Articles 19(1)1 and 3(1) of the Act on the Registration of Side Business, etc. and Protection of Financial Users; Article 30 of the Criminal Act (the operation of unregistered loan business); Article 19(2)3 and 11(1) of the Act on the Registration of Loan Business, Etc. and Protection of Financial Users; Article 2(1) of the Act on the Protection of Financial Users; Article 30 of the Criminal Act (the receipt of interest exceeding the statutory interest rate); and the selection of fines

B. Defendant A’s claim.

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