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(영문) 서울중앙지방법원 2014.07.17 2014고정1402
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Any person who intends to run a credit business which is in violation of the Act on Registration of Credit Business and Protection of Users due to unregistered credit business shall file a registration with the Mayor/Do governor having jurisdiction over the relevant place of business;

Nevertheless, without registering a credit business, the Defendant and C jointly opened a secured vehicle leasing company in the name of "E" in 906 of the Gangnam-gu Seoul Metropolitan Government D D Building, and thereafter, C extended a loan as security, and C extended a loan to the Defendant, the Defendant provided each role of selling interest or collateral vehicles after financing funds necessary for the loan, and then divided the proceeds by half. On May 31, 2013, the Defendant and C extended a loan of KRW 11,610,000,000 to the F, who found the place at the above office, with a loan of KRW 12,00,000,000,000, excluding the preferred interest and KRW 3,90,000.

In this way, the Defendant engaged in unregistered credit business in collusion with C.

2. Where unregistered credit service providers, etc. lend a loan, persons who violate the Act on Registration of Credit Business and Protection of Users due to excess of the interest rate shall not exceed 30 percent per annum of the maximum interest rate on cash lending and lending contract;

Nevertheless, the defendant and C shall pay 1,1610,00 won after deducting 3,90,000 won as prior interest while lending 12,00,000 won to the above F at the date and place specified in paragraph 1, at the same year.

7. At around 31,00 won, interest was paid at a rate exceeding the statutory maximum interest rate by receiving interest of 40.31% per annum, such as the payment of interest in KRW 390,000.

In this way, the Defendant conspired with C to receive interest exceeding the interest rate.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Police suspect interrogation protocol regarding C;

1. Each police statement concerning G;

1. Application of the output of the files stored in USB, and of the copy of the loan account;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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