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(영문) 인천지방법원 2017.10.18 2017고단2591

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant

A shall be punished by a fine of KRW 20,000,000 and by a fine of KRW 10,000,000, respectively, to Defendant B.

The Defendants respectively.

Reasons

Punishment of the crime

1. Where a person runs Defendant A's loan business, he/she shall not receive interest exceeding the interest rate prescribed by Acts;

Nevertheless, on October 21, 2016, Defendant A, in collusion with Party B, provided a loan of KRW 3 million in cash to E who wishes to provide a loan at a mutually in the offscopic coffee shop near the Guro-gu Seoul Metropolitan Government Daecheon-gu Seoul Metropolitan Government (hereinafter referred to as the subway No. 2) on October 21, 2016, after deducting KRW 2.760,000,000, and actually loans KRW 2.760,000,000 each day, and received interest at an annual interest rate of KRW 231% from around 65,000 to January 2017 by allowing the repayment of principal and interest in cash for 65 days each day.

2. A person who intends to run a loan business or loan brokerage business shall register with the Special Metropolitan City Mayor, Do Governor, etc. having jurisdiction over the place of business for each place of business, and where a person runs a loan business, he/she shall not receive interest exceeding the interest rate prescribed by Acts

Nevertheless, on October 21, 2016, Defendant B, in collusion with Party A without registering a loan business, provided cash of KRW 3 million to E who wishes to borrow at a coffee shop near the Guro-gu Seoul Metropolitan Government Dae-gu Seoul Metropolitan Government Dae-gu, with a loan of KRW 2.760,000,000,000 as a prior interest and KRW 2.760,000,000 per annum, and provided loans to Defendant B, thereby allowing the repayment of principal and interest in cash for 65,000 won each day, and received interest at an annual interest rate of KRW 2.31% from around that time to January 2017, Defendant B operated a high interest free loan business with ten debtors in total, as shown in the daily list of crimes.

Summary of Evidence

1. The Defendants’ respective legal statements recognize all the facts constituting the crime of this case. However, Defendant A claims of acquittal in relation to the final summary order.

1. Legal statement of witness F;

1. Each protocol of seizure;