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(영문) 인천지방법원 2016.10.20 2016고단5039

대부업등의등록및금융이용자보호에관한법률위반등

Text

Defendant

A Imprisonment for two years, Defendant B shall be punished by a fine of KRW 10,000,00, and Defendant C by a fine of KRW 4,000,00.

Reasons

Punishment of the crime

1. Defendant A

(a) Any credit service provider that violates the Registration of Credit Business and Protection of Financial Users Act shall, if it lends a loan to an individual, etc., not exceed 34.9/100 per annum;

Nevertheless, the Defendant, while running credit business, etc. with the trade name of “H, etc.” at the office of Nam-gu G and the office of the third floor of Incheon Nam-gu, would employ employees of B, C, I, J, and K, and would like to make loans to the debtor recruited by advertisement and introduction in front-gu as “number of days” and to receive interest exceeding the statutory interest rate.

Around December 2, 2014, the Defendant, in collusion with B, etc., lent 2 million won to L by the obligor at the above “H” office, provided that 200,000 won shall be paid interest and principal over 12 times for 60 days, and that 152.4% per annum exceeding the statutory interest rate shall be paid as interest, and thereafter, loaned 55 times more than the statutory interest rate from the time until June 10, 2015.

B. In light of the special injury (1) No. 1, at around 22:00 on September 2013, the Defendant: (a) committed the first crime, the victim J (32 years of age) committed an act of assault against the Defendant’sO in the south-gu Incheon, Nam-gu, Incheon; (b) on the ground that the victim J (32 years of age) met the Defendant’sO, the Defendant suffered bodily injury, such as the influence of the number of days of treatment.

(2) From January 2, 2014 to February 2, 2014, the second criminal defendant: (a) was considerably divided from the perspective of trade name “ Qu” located in Nam-gu Incheon Nam-gu P; (b) on the ground that the victim JJ respondeded to a bad answer, the defendant suffered bodily injury, such as the influence of the number of days of treatment, by making the victim’s head from the beer disease, which is a dangerous object, one time, and causing injury to the victim, such as the influence of the number of treatment days.

(3) The third criminal defendant committed the crime on June 9, 2015, on the ground that the victim J made a verbal answer from the mutual head office of Q Q around 23:30, to the end of June 9, 2015.