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(영문) 의정부지방법원 고양지원 2012.11.29 2012고단1297

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant

A Imprisonment of six months, and Defendant B shall be punished by a fine of 1,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A operated an unregistered loan company, and Defendant B served as an employee at a loan company operated by Defendant A.

The interest rate applicable when an unregistered credit service provider grants a loan shall not exceed 30% per annum.

Nevertheless, the Defendants conspired with each other on November 9, 201, Jung-gu Seoul Metropolitan Government.

C. Within the clothing stores operated by the victim D, the victim D and the loan amounted to KRW 2 million, 90 days of maturity, and 40,000 won of the number of days, the loan transaction agreement was concluded and violated the interest rate limitation by receiving 151.2% of the annual interest rate.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 19 (2) 3 and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Financial Users as to the facts constituting the crime, and Article 30 of the Criminal Act (Appointment of imprisonment with prison labor for the defendants A and of fine for the defendants B);

1. Articles 70 and 69 (2) of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Defendant A);

1. Article 334 (1) of the Criminal Procedure Act (Defendant B);