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(영문) 인천지방법원 2018.01.11 2017고단3935
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person employed by B. The Guro-gu Seoul Metropolitan Government Building C. 506 “D”, without registering with the competent authority, runs the lending business of lending money to women in the Internet site “E” on the Internet site “E” and having reported it. The Defendant under the direction of B, prepared a loan contract with a female in the business place, sent money to the debtor’s account, and delivered the loan principal and interest every day from the day following the expiration of the period of credit.

In collusion with B, the Defendant did not register a loan business with the competent authority, and around April 11, 2016, leased KRW 300,000,000 to the debtor G while lending KRW 300,000 to the debtor in the vicinity of 101, the Defendant paid KRW 2,10,000 per annum after deducting the fee and KRW 9,000,000 per annum from the actual amount of KRW 2,10,000 per annum for 60 days, and received interest equivalent to KRW 547% per annum from that time to October 5, 2016.

As a result, the Defendant conspired with the competent authorities, and without registering the lending business with the Defendant, received the interest exceeding the autonomy of the law.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of protocol concerning the examination of suspect B of the police; and

1. List of the employees and records of loan recovery;

1. Investigation reports (autonomous calculation of the year), investigation reports (attached to the forwarding documents, etc. of the case No. B);

1. Application of Acts and subordinate statutes of Part 91 to a copy of loan agreement;

1. Article 19(1)1 and Article 3 of the Act on the Registration of Preliminary Loan Business, etc. for Criminal facts and the Protection of Financial Users; Article 30 of the Criminal Act (hereinafter referred to as “Preliminary Loan Business”); Article 19(2)3 and Article 11(1) of the Act on the Registration of Each Loan Business, Etc. and Protection of Financial Users; Article 30 of the Criminal Act (the fact that the court receives excessive interest).

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