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(영문) 의정부지방법원 2016.05.27 2016고단195

대부업등의등록및금융이용자보호에관한법률위반

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The registration of the lending business, etc. due to the excess of the interest rate of No. 1 per annum of the list of crimes attached to the judgment of the defendant.

Reasons

Punishment of the crime

On February 19, 2014, the Defendant was sentenced to a suspended sentence of two years for one year by imprisonment with prison labor for a violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users in the Chuncheon District Court's original branch, and the said judgment became final and conclusive on the 27th of the same month.

A person who intends to engage in loan business, etc. shall register with the administrative agency having jurisdiction over the relevant place of business, and shall not advertise the loan business, other than the credit service provider, and if a unregistered credit service provider lends a loan to an individual, the interest rate shall not exceed 25% per annum.

Nevertheless, the Defendant, by employing E, F, G, etc., distributed papers for loan business in a single source, such as Chuncheon City, Taecheon-si, Gyeongcheon-gun, etc., and, in the event that contact is made between the persons in need of the loan, he/she decided to have E, etc. deliver the money and receive the principal and interest for each month and transfer the money to the Defendant.

In collusion with E, F, and G, etc., the Defendant agreed to distribute the leaflet on which the loan business advertisement is made to the stores of Gangwon-do and Gyeonggi-do, and to lend 5 million won to the name in the name in the name in which it reported and contacted, the Defendant agreed to provide KRW 5 million prior interest and KRW 5,500,000 per annum for 633 days each day, without registering the loan business by the same method from November 5, 2015. At that time, E, etc. lent the leaflet on which the loan business advertisement is made to the stores of Gangwon-do and Gyeonggi-do, and provided the remaining KRW 4,50,000 per annum, and received KRW 6,30,000 per annum from that time to November 5, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to G;

1. Each police statement made to I and J;

1. Seized materials;

1. Protocols of each seizure and list of seized articles and photographs thereof;

1.Kakao Stockholm.