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(영문) 의정부지방법원 2017.02.17 2016고단2972
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A Imprisonment of 10 months, Defendant B shall be punished by a fine of 2,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

"2016 Highest 2972"

1. On February 3, 2016, Defendant A, without registering the loan business, lent KRW 1,900,000 to the victim E with a line interest of KRW 100,000,000 to the D office located in the Do government-si building C (A) around February 3, 2016, and received interest at least 292.1% per annum exceeding the legal interest rate by receiving KRW 40,000 per day interest from the victim E for 60 days.

In addition, the Defendant received interest exceeding the statutory interest rate, as described in the list of offenses, from around the above day to March 2, 2016.

2. Although Defendant A and Defendants B were not allowed to advertise loan business as a unregistered credit service provider, they distributed a namebook stating the phrase “on the day loan, 300 won per day, interest without guarantee, guarantee, free security, fee, and F” against many unspecified persons from around February 19, 2016 to March 7, 2016, and advertised the loan business.

"2017 Highest 282"

1. On March 7, 2016, the Defendant lent KRW 1,520,00,000, deducting KRW 4,80,000 from G building 206, and 1,520,000,000 from the victim H under the name of prior interest, etc. for a period of 65 days, and received 40,000,000 per day interest exceeding the statutory interest rate.

2. On March 7, 2016, the Defendant lent 760,000 won after deducting 2,40,000 won from the victim I in the same place as before and after the lapse of March 7, 2016, and received 661.8% interest per annum exceeding the statutory interest rate by receiving 20,000 won per day for 65 days the principal and interest per day.

Summary of Evidence

[2016 Highest 2972]

1. Defendants’ respective legal statements

1. Protocols of seizure, list of seizure, and photographs of seized articles (lists 1, 2, 5);

1. A loan-related document, such as a loan application form (2017 order 282);

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A written statement of I;

1. The investigation report (calculated of interest rates) and the formula of calculation;

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