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(영문) 춘천지방법원 속초지원 2015.07.01 2015고단175
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 1 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

The Defendants had been willing to engage in credit business with the name of "C" at the Gangwon-si Won, and Defendant B conspiredd to take charge of the role of providing telephone counseling to those who want to borrow a loan and linking the above persons to Defendant A, and Defendant A lent money and collecting the principal and interest.

1. Any person who intends to operate a credit business without registration shall register for each business office with the competent authority having jurisdiction over the relevant business office;

Nevertheless, around March 2, 2015, the Defendants loaned a total of KRW 35 million to 35 persons, as shown in the annexed crime list, from around that time to March 27, 2015, at E-cafeteria located in Gangwon-si, Gangwon-si, and from around that time, the Defendants loaned KRW 1 million to F.

Accordingly, the Defendants conspired to engage in credit business without registering the credit business.

2. When an unregistered credit service provider lends a loan in violation of the statutory interest rate, the interest rate shall not exceed 25% per annum;

Nevertheless, the Defendants concluded a loan agreement with the said F to have it repaid KRW 13,000 per day on a 100-day basis while lending KRW 1 million to the said F at the time and place specified in paragraph (1), and to have it paid interest of KRW 199.1% per annum from around that time to March 27, 2015. In addition, the Defendants loaned KRW 35 million to the total of 35 members as shown in the annexed list of crimes.

Accordingly, the Defendants conspired to receive interest exceeding the annual interest rate of 25%.

Summary of Evidence

1. Defendants’ legal statement

1. Records of seizure and the list of seizure;

1. Copies of account books, certified copies of loan borrowed, and calculation of the interest rate (basic structure of the number of days);

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Defendants of the pertinent law on criminal facts: Registration of each credit business, etc. and Article 19(1)1 and Article 3(1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, Article 30 of the Criminal Act, and registration of each credit business, etc.

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