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(영문) 창원지방법원 통영지원 2013.04.08 2012고정685
대부업의등록및금융이용자보호에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 3,000,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. A person who intends to engage in defendant A credit business shall file for registration with the Mayor/Do Governor having jurisdiction over the relevant place of business, and where an unregistered credit service provider grants a loan, the interest rate shall not exceed 30 percent per annum;

Nevertheless, the Defendant, without registering with the competent Mayor/Do Governor on March 2010, set a loan of KRW 1,00,000 to the victim D with a maturity of KRW 58 days and interest of KRW 20,000 per day (per annum 188%) at 40,000,000 for 11 times as shown in the attached list of crimes, without registering with the competent Mayor/Do Governor, and received interest exceeding the limited interest rate.

2. Defendant B, at the end of February 2012, on the ground that the victim D was unable to pay interest and principal on the first day after lending money within the frequency of 22:00, the Defendant committed an act that seriously undermines the peace of private life or business by inducing fear or apprehension of the victim, by putting a bath to the victim D’s work at the above place, such as “ception, dyspath, and nat if he escaped.”

Summary of Evidence

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. Legal statement of witness D;

1. Statement of examination of the witness to the F;

1. Each police statement of D or F;

1. Application of the Act and subordinate statutes to the G (victim D's children), a copy of the passbook, a copy of the passbook (her husband of a B-suspect A), and a statement of ordinary deposit transactions (agricultural Bank in the name of a suspect B);

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: The limited interest rate under Articles 19(1)1 and 3(1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users (the point of running a unregistered credit business), Articles 19(2)3 and 11(1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users.

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