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(영문) 수원지방법원 안양지원 2017.03.03 2016고정521
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A shall be punished by a fine of one million won, and the defendant B shall be punished by a fine of three million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Violation of the Act on the Registration of respective lending businesses, etc. by Defendant B and the Protection of Financial Users;

A. Although a person who intends to engage in unregistered loan business is registered with the competent Mayor/Do governor, the Defendant, from November 14, 2015 to March 8, 2016, run a loan business without registration, such as distributing pre-registered advertising papers in the military and Ansan-si, and lending them to D, E, etc. by means of lending them after consulting with clients who reported and contact them.

B. Notwithstanding the fact that a credit service provider who has not received interest exceeding the limited interest rate makes a loan, the interest rate shall not exceed the rate prescribed by Presidential Decree within 25/100 per annum, the Defendant agreed to lend 1.5 million won per annum to D on the front road of Ansan-si around November 14, 2015, and receive 30,000 won per annum in installments for 65 days each day. After receiving 1.85 million won over five months and receiving 56% interest per annum. 2) On December 30, 2015, the Defendant borrowed 2 million won of the principal amount of the loan from Ka Center (H) located in Dongpo-si (Seoul-si) around December 30, 2015 to receive 40,000 won in installments each day, and received 1.7% interest per annum including the principal and interest from March 15, 2006.

2. On March 8, 2016, Defendant A’s aiding and abetting a violation of the Act on the Registration of Loan Business, etc. and Protection of Financial Users: (a) obtained a telephone from the clients who reported and contacted the name-type advertising site distributed by B; and (b) provided counseling as if the clients were the staff of the call center; and (c) introduced B to connect the relevant person to obtain a loan; and (d) made it easier for Defendant B to commit the crime of unregistered loan business listed in the paragraph (a) above.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness E and D;

1. Application of Acts and subordinate statutes to report an investigation (report on the arrest of a suspect);

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A.

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