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(영문) 대구지방법원 2013.03.22 2012고단3629 (2)

대부업등의등록및금융이용자보호에관한법률위반

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

【2012 Highest 3629】 C is an employee of a loan company run by the unregistered credit service provider, D and the Defendant.

C is able to engage in illegal credit business that collects interest exceeding statutory interest rate, and is in charge of lending to customers, and D and the Defendant are in charge of loan advertisement and collection business, and are offered in order to divide profits from running a registered credit business into two parts.

On March 1, 2012, the Defendant conspiredd with non-registered credit service providers C, and advertised credit business as an employee. On March 1, 2012, the Defendant violated the interest rate limitation by receiving 30,000 won interest from the debtor F on a daily basis at the credit service office located in Daegu-gu, Daegu-gu, and receiving 30,000 won interest from the debtor F.

【The Defendant, on June 7, 2012, at around 1:30 on June 7, 2012, found that the victim I (the age of 28) who was preparing together for the operation of credit business, went through the examination room against the Defendant and deducted the Defendant from the preparation fund, and caused injury to the victim, such as 2-3 times the head of the victim, which is a dangerous object on the table, by misunderstanding that the victim I (the age of 28) went through the examination room and fell from the preparation fund.

Summary of Evidence

[Judgment of the court below]

1. Each legal statement of the defendant, C, and D;

1. Each police statement to J and K;

1. Lritten statements;

1. Each investigation report (in addition to a list of crimes and a list of crimes);

1. A report on internal investigation (Calculation of interest rates) 【2012 Highest3771】

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements (including written diagnosis) to I;

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

(a) The point that interest is paid in excess of the respective limitation rates: Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Article 30 of the Criminal Act;

(b) The occupation of inflicting an injury upon a deadly weapon: Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act.