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(영문) 서울중앙지방법원 2018.08.23 2018고단3451
대부업등의등록및금융이용자보호에관한법률위반
Text

1. Defendant A shall be punished by imprisonment for a year and six months and by a fine of fifty thousand won.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A is a person who is operating an unregistered loan company under the trade name of "E" in subparagraph D of the Jung-gu Seoul Metropolitan Government C Building D, and Defendant B is a person who is in charge of the foregoing company's loan arrangement, bond authentication, etc.

A person who intends to engage in loan business shall register with the administrative agency having jurisdiction over the relevant place of business for each place of business, and where an unregistered credit service provider lends a loan, he/she shall not receive interest exceeding the statutory limit.

Nevertheless, on November 28, 2017, the Defendants offered loans of KRW 7 million to F in the above E office on the basis of prior interest, delivered KRW 1.4 million per annum after deducting KRW 200,000 from 1.4 million per annum for ten months each month from 9.80,000 won, and collected interest at KRW 153.5% per annum from 2 January 2, 2014 to 6 April 2018 by lending KRW 587 to 6.2.5 billion as stated in the list of crimes in the list of annexed crimes, and received interest exceeding the interest rate of the unregistered credit service provider.

As a result, the Defendants conspired to engage in loan business without registration and received interest exceeding the statutory limit interest rate.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning suspect interrogation of the defendant A by the prosecution;

1. A protocol concerning the examination of suspect against the defendant B;

1. Each police statement made to F, G, H, I, J, K, L, M, N, orO;

1. Report on internal investigation (a copy of a loan certificate and submission of account details), investigation report (Attachment of account balance), investigation report (Attachment of standard form of a loan contract), investigation report (related to preparation of crime sight table and calculation of interest rates), and investigation report (a decision to preserve confiscation before prosecution);

1. Application of Acts and subordinate statutes to investigation reports (execution of warrants and submission of financial response materials), investigation reports (execution of a warrant of search and inspection of seizure), investigation reports (Classification of seized articles);

1. Articles 19(1)1, 3(1), and 19 of the Act on the Registration of respective lending businesses, etc. of criminal facts and the Protection of Financial Users.

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