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(영문) 창원지방법원 2012.10.25 2012고정989
대부업등의등록및금융이용자보호에관한법률위반
Text

1. Defendant A shall be punished by a fine of five million won, and Defendant B shall be punished by a fine of three million won.

2. Defendants each of the above facts.

Reasons

Punishment of the crime

1. A person who intends to engage in Defendant A Credit Business shall register with the Mayor/Do Governor, and when a unregistered credit service provider grants a loan, the Defendant may not receive interest by violating the interest rate limit of 30% per annum. Notwithstanding the fact that the Defendant, without registering with the Mayor/Do Governor on February 20, 2009, promised to lend D KRW 2,000,000 per annum from the front side of the Kimhae-si Hospital, and paid interest exceeding the interest rate of 225.7% per annum from around that time.

Accordingly, the Defendant, without registering, engaged in credit business and received interest in violation of the restriction on the interest rate.

2. Notwithstanding the fact that Defendant B’s credit service provider could not receive interest in violation of the interest rate limit of 39% per annum, the Defendant was a general employee of the credit service company’s “E Loan,” and the Defendant promised to borrow 23 million won to F from the Agricultural Cooperative located in Kimhae-si around October 21, 201 to receive interest rate of 13.2% per annum by promising to receive interest rate of 1.3 million won per annum, and agreed to receive interest rate of 169.9% per annum by promising to receive 30 million won per annum every day while lending KRW 2.0 million per annum from the office of H located in Kimhae-si around March 2, 2012 to receive interest rate of 169.9% per annum by promising to receive interest rate of 30,000 won per annum every day.

Accordingly, the Defendant received interest in violation of the interest rate limit.

Summary of Evidence

1. Defendants’ respective legal statements

2. Each police statement of the F, H, and D;

3. The number of days gold - the slips remitted by the suspect B and H to A (I), the details of cell phone text messages - A, the details of the transactions on self-reliance deposits, the statements of transactions on free savings deposits, the statements of the transactions on free savings deposits, the certified copy of the register of the building, the copy of the passbook-H, the certified copy of the

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