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(영문) 대구지방법원 2016.02.05 2015고단5324
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendants shall be punished by imprisonment for eight months.

However, the above judgment against the Defendants for two years from the date of this judgment became final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to engage in the business of lending a loan to Defendant A shall register with the competent authority, and the highest interest rate shall not exceed 25% per annum when a unregistered credit service provider lends a loan;

On March 19, 2013, the Defendant offered D a loan of KRW 1,50,000 to D, and issued KRW 8,50,000 after deducting KRW 150,000 as a prior interest, and received interest at an annual interest rate of KRW 436.5% per annum in the manner of repaying KRW 1,50,000 per week eight times each week, and received interest at an annual interest rate of KRW 436.5% from that time until February 2015, as shown in attached Table (1) in attached Table (1), and received a total of eight times from that time to February 2015.

Accordingly, the Defendant was paid interest exceeding the highest interest rate by running a loan business without registration.

2. A person who intends to engage in the business of lending a loan to Defendant B shall register with the competent authority, and the highest interest rate shall not exceed 25% per annum when a unregistered credit service provider lends a loan.

On March 4, 2013, the Defendant offered D a loan of KRW 2,00,000 to D, and received KRW 1,930,000 after deducting KRW 70,000 as a prior interest, and received annual interest rate of KRW 271.7% per annum in the manner of paying KRW 40,000 per day by 60,000 per annum, and received interest from that time until May 19, 2015, including (2) in the attached Table of Crimes List (hereinafter referred to as “Class 19”) in total, 65,00,000,000 from that time to May 19, 2015.

Accordingly, the Defendant was paid interest exceeding the highest interest rate by running a loan business without registration.

Summary of Evidence

1. Statement of each police suspect interrogation protocol against the Defendants

1. Statement made in the police statement protocol with D;

1. The current status of loans A, amounts and amounts of loans granted to A, current status of loans granted to B, amounts and amounts of loans granted to B, details of transactions on repayment, certificates of performance contract, and details of each account transaction;

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