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(영문) 수원지방법원 안산지원 2013.04.03 2012고단2270
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,500,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is a person who is running credit business without registration from the beginning of June 2011, and the defendant B is a person who is running the business of collecting loans from victims like the defendant A as the relative of the defendant A.

Where an unregistered credit service provider lends a loan, it shall not exceed 30% per annum, which is the highest interest rate provided for in the Interest Limitation Act.

Nevertheless, at around 17:00 on November 27, 201, the Defendants conspired to lend KRW 1.620,000 to the victim F within the Eran-do No. D on the street in order to lend 1.620,000 won to the victim F within the Eran-do No. 382.8% of the principal and interest per annum for 60 days, respectively.

On January 13, 2012, the Defendants continued to borrow 1.620,000 won to the victims G from Ansan-si, Ma 102,00,000, and received 382.8% interest per annum for 60,000 won per annum from the principal and interest per day.

At around 17:00 on January 17, 2012, the Defendants continued to lend KRW 2.43,00 to the victim H within the above franchise-to-land size D, the Defendants violated the restriction on the interest rate by receiving interest of KRW 382.8% per annum for 60,000 per annum and interest per 60,000 won per day.

Summary of Evidence

1. Defendant A’s legal statement

1. Defendant B’s partial statement

1. Statement made by the defendant A in the first trial record;

1. Statements of Defendant B in part of the first trial records;

1. Protocol concerning the suspect interrogation of each of the Defendants

1. Each police statement concerning G, H and F;

1. Application of the G’s written Acts and subordinate statutes;

1. Article 19 (2) 3 and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 2 (1) of the Interest Limitation Act, and Article 30 of the Criminal Act concerning criminal facts;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. The order of provisional payment is respectively;

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