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(영문) 전주지방법원 2015.04.30 2015고합31
특수공무집행방해치상등
Text

Defendant

A Imprisonment for two years, Defendant B’s imprisonment for ten months, Defendant C’s fine for KRW 7,00,000, and Defendant D.

Reasons

Punishment of the crime

1. Defendant A violated the Act on Registration of Credit Business, etc. and Protection of Financial Users by the Defendants, with the trade name “G” from October 4, 2013, is a person who operates a lending company. Defendant C is a person who takes charge of loans and receipts from the lending company from April 21, 2014 to July 1, 2014, and Defendant D is a person who takes charge of credit business from February 2014 to each of the lending companies. Defendant B is a person who operates credit business from February 2014.

Defendant

A had Defendant C and Defendant D advertising the “G” at a place where it was visible, followed by Defendant C and Defendant D’s telephone, and connected Defendant C and Defendant D with each other, and if Defendant C and Defendant D were to be able to provide a loan after having first consulted with each other, Defendant C and Defendant D provided a second counseling and carried out a loan. Defendant C and Defendant D provided a first-day collection of the loan for their own loan and delivered it to Defendant C and Defendant D.

Defendant

B was able to engage in a mixed credit business and directly order the loan business, and the loan user was able to receive the telephone from the lender and the loan was collected.

Anyone who intends to engage in credit business shall register with the competent authority, and where a registered credit service provider provides a loan, he/she shall not receive interest exceeding the limited interest rate prescribed by Presidential Decree (39% per annum before April 2, 2014, and 34.0% per annum thereafter) and shall not receive interest exceeding the limited interest rate prescribed by Presidential Decree (30% per annum before July 15, 2014, and 25% per annum thereafter) if a unregistered credit service provider provides a loan.

A. On April 3, 2013, Defendant A: (a) loaned KRW 2 million to the borrower H in the vicinity of the Seocho-gu, Seoul Special Metropolitan City on April 3, 2013; (b) granted KRW 1,280,000 per day after deducting KRW 1,88,000 as a fee; and (c) agreed to receive KRW 2,40,000 per day for 80,000 per annum (the annual interest rate of 230.29%); and (d) pursuant to the agreement, the principal

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