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(영문) 부산지방법원 2014.05.29 2013고정5810
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 3 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

On February 15, 2012, the Defendants drafted an office of “F” 102 located in Busan Seo-gu, Busan, and recruited Defendant A to engage in a credit business by lending money to Defendant B and soliciting people to use money.

1. Any person who intends to operate a credit business without registration shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor, having jurisdiction over the relevant place of business;

Nevertheless, on March 14, 2012, the Defendants conspired to engage in credit business by providing loans of KRW 30 million to G on March 14, 2012, KRW 30 million to H on May 10, 2012, and KRW 10 million to I on July 10, 2012.

2. In the event that an unregistered credit service provider and the unregistered credit service provider make a loan exceeding the interest rate is unable to receive the interest exceeding 30% per annum, which is the interest rate under the Interest Limitation Act, the Defendants conspired to receive the interest exceeding the interest rate as follows.

On March 14, 2012, the Defendants were provided with interest of 132% per annum by leasing KRW 27 million (the loan principal of KRW 30 million deducted from the loan principal of KRW 30 million) on condition that they receive interest of KRW 10% per month from G.

B. On May 10, 2012, the Defendants leased KRW 27 million (in the case of a loan of KRW 30 million with a prior interest of KRW 3 million) to H, and received 132% interest per annum, on condition that they receive interest of KRW 10% per month.

C. On July 10, 2012, the Defendants leased KRW 9 million (the loan principal of KRW 10 million minus KRW 10 million) to I and received 132% interest per annum on July 10, 2012.

Summary of Evidence

1. Defendant B’s legal statement

1. Legal statement of the witness B;

1. Each prosecutor's office and police interrogation protocol regarding Defendant A, which contains some statements;

1. The prosecutor's statement concerning H;

1. The police statement concerning G;

1. Written Statement;

1. A copy of each certificate of borrowing, and a copy of each passbook;

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