logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2013.07.24 2013고정1111
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,500,000, and by a fine of KRW 3,500,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Any person who intends to engage in credit business shall register with the competent authorities, and if a unregistered credit service provider lends an individual loan, the interest rate shall not exceed 30% per annum.

1. On September 23, 201, the Defendants and C, without registering the credit business to the competent authorities at the Gyeonggi-si, Gyeonggi-si, Gyeonggi-do, with a loan of KRW 10 million,00,000,000 per month, provided that the Defendants and C were paid interest of KRW 1,000 per month and were paid the principal two months after the same day, and received KRW 40,000 as the fee and KRW 3,40,000 as the interest and fee around November 24, 201.

Accordingly, the Defendants conspired with C to engage in unregistered credit business and received interest equivalent to 137% per annum exceeding the statutory interest rate.

2. On December 26, 201, the Defendants and C provided a loan of KRW 10 million to E without registering a credit business with the competent authority at the Gyeonggi-si, Gyeonggi-si, Gyeonggi-do, with the payment of interest of KRW 10 million per month and with the payment of principal for two months thereafter, the Defendants and C provided a delivery of KRW 8.5 million, excluding KRW 1.5 million under the same day’s fee and prepaid interest, and received each payment of KRW 1.3 million under the pretext of interest and commission around February 13, 2012 as interest and around March 13, 2012.

Accordingly, the Defendants conspired with C to engage in unregistered credit business and received interest equivalent to 210% per annum exceeding the statutory interest rate.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of E;

1. Details of transactions of inputs;

1. Investigation report (to hear statements from victims E);

1. Application of Acts and subordinate statutes to investigation reports (based on calculating interest rates);

1. Article 19 (1), Article 3 (1), Article 19 (2) 3, and Article 11 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and the Selection of Sentence, Articles 19 (1), 3 (1), 19 (2) 3, and

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

1. The Criminal Code of the Detention of Labor House; and

arrow