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(영문) 대전지방법원 홍성지원 2013.07.31 2013고단448

대부업등의등록및금융이용자보호에관한법률위반등

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A and Defendant B are de facto persons in a marital relationship, and Defendant B secured those who need to borrow money through the branch, and Defendant A conspired to engage in credit business without registration by receiving interest exceeding the statutory interest rate from those who borrow money through Defendant B.

1. A person who intends to engage in a joint criminal credit business by the Defendants shall register with the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the Special Self-Governing Province Governor having jurisdiction over the relevant place of business, which shall not exceed 30% per annum when an unregistered credit service provider lends a loan.

Nevertheless, Defendant A and Defendant B conspired to pay 4,50,000 won per annum on May 2, 2012 after deducting KRW 5,00,000 from the amount of KRW 5,00,000,000 from the amount of KRW 5,000,00 for 10 days at E’s house located in Seocheon-gun, Seocheon-gun, Chungcheongnam-gun from the amount of KRW 5,00,00 for 10 days.

In addition, the Defendants conspired to lend 142,20,000 won to F, G, H, I, E, and J a total of 52 times throughout the period of 52 times as described in the separate sheet of crime by March 28, 2013. The Defendants received interest exceeding the statutory interest rate from 212% to 912% per annum, and run credit business without registering the credit business.

2. Defendant A’s crime committed on March 7, 2013, around 20:0, parked his chip car in front of the obligor J’s clothes operated by the obligor J, Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do, and the J by threatening the obligor J, such as “Ie, Ie, Ie, Ie, Ie, Ie, even if you do not pay back even in the above vehicle.”

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol of the prosecutorial statement concerning G;

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

1. Details of transactions by agricultural cooperatives;

1. Details of the compromise transactions;

1. Details of transactions in one bank;

1. Details of transactions at post offices;