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(영문) 서울동부지방법원 2017.02.16 2016고단4243

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendants shall be punished by imprisonment with prison labor for ten months.

However, from the date of the conclusion of the judgment, the Defendants are above two years from the date of the judgment.

Reasons

Punishment of the crime

Defendant

A is a person who operates a mutuallyless loan company by advertising loans through Internet advertising agency services in Gangdong-gu Seoul Metropolitan Government, and Defendant B is an employee of the same loan company.

1. On August 29, 2015, Defendants engaged in unregistered loan business: (a) concluded a loan agreement with 50,000 won at a government bus terminal located in Kuo-dong, Kuo-dong on a loan agreement with D on a loan period of 6 days and one million won with the repayment amount; (b) immediately loan 70,000 won in cash; and (c) lend 1,540,000 won in cash on 27 occasions by receiving repayment from around September 4, 2015 to around July 21, 2016, from around May 2015 to around July 21, 2016, Defendants engaged in loan business by means of lending 6,434,000 won in total to 53 persons as shown in the attached Table list of crimes, and receiving interest thereon.

2. On August 29, 2015, the Defendants in violation of the interest rate limitation: (a) conspired to lend KRW 700,000 to D for six (6) days from a government shuttle bus terminal located in the Kui-dong, Kui-si, Kui-si; and (b) received reimbursement of KRW 1 million from May 2015 to July 20, 2016; and (c) loaned money to 11 persons in total as shown in the List of Crimes (2) and received interest exceeding each statutory interest rate.

Summary of Evidence

1. Defendants’ respective legal statements

1. Defendants’ written statements

1. Each police statement made to D, E, F, G, H, I, and J;

1. Each statement of K, L, M, and N;

1. Details of transactions and each financial transaction (a list of evidence Nos. 3, 12 through 14);

1. Each protocol of seizure and list of seizure (each evidence list Nos. 65, 66, 69, 70, 73, 74, 77, 78);

1. The file of the standard contract for loan transaction (Evidence No. 104);

1. Application of the investigative report (verification of the amount of loans borrowed by the suspect), and the records on loans made by the suspect B (number 92,93 of each evidence list);

1. Relevant legal provisions and the Defendants’ choice of punishment for criminal facts: Registration of each loan business, etc. and Act on the Protection of Financial Users.