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(영문) 의정부지방법원 2016.05.13 2016고단17
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.

However, as to the Defendants, this is against the Defendants.

Reasons

Punishment of the crime

Defendant

B and Defendant A agreed to engage in loan business without permission with the trade name of “E” in the D Apartment 1611 Dong 1004, Nam-gu, Namyang-si, and Defendant B conspired to raise funds necessary for loan business, and Defendant A conspired to collect the loan.

1. A person who intends to engage in loan business or loan brokerage business without registration shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor having jurisdiction over the relevant place of business;

Nevertheless, on December 19, 2013, Defendant B and Defendant A operated a loan business by lending KRW 25 million to F with the trade name of “E” without registering the loan business.

2. Where an unregistered credit service provider grants a loan at an interest rate in excess of the interest rate, the interest rate on the loan shall not exceed 25 percent per annum;

Nevertheless, as described in the foregoing paragraph 1, the Defendants loaned KRW 25 million to F. From the above F to February 27, 2015, the Defendants received interest of KRW 140 million in total from 30 December 30, 2013 to 54 times in total from February 27, 2015, and received interest of KRW 483% per annum, and received interest exceeding 25% per annum.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to each investigation report (to attach a written inquiry as a result of the transfer of interest, attach text messages related to collection by credit service providers, attach a certificate of registration of loan business, investigate the validity of registration of loan business, confirm the interest rates received by suspects);

1. Relevant legal provisions and the Defendants’ choice of punishment for criminal facts: the Act on the Registration of Loan Business, etc. and Protection of Financial Users; Articles 19(1)1 and 3(1) of the Criminal Act; Article 30 of the Criminal Act (including the occupation of unregistered loan business); Articles 19(2)3 and 11(1) of the Act on the Registration of Loan Business and Protection of Financial Users; Article 30 of the Criminal Act (including the occupation of receipt of excess of the interest rate, including the occupation of receipt of restriction).

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