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(영문) 대구지방법원 상주지원 2014.06.24 2014고정44
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A A shall be punished by a fine of KRW 2.5 million, and Defendant B shall be punished by a fine of KRW 1.00,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Any person who intends to engage in credit business shall register with the Mayor or Do Governor having jurisdiction over the relevant place of business, and if a unregistered credit service provider lends a loan, the loan may not exceed the interest rate prescribed by statutes.

Defendant

A plays a role in financing, Defendant B offered to engage in credit business in violation of the limitation on interest rates by way of lending and collecting money from said A.

From early 2010 to December 2012, the Defendants conspired to engage in credit business against many and unspecified persons, such as lending KRW 10 million to C without registering with the competent Do Governor at the members of the Gyeongcheon-gun, Gyeongcheon-gun, Seoul.

B. From January 31, 201, the Defendants conspired to lend KRW 10 million to the debtor C in the Gyeongcheon-gun, Chungcheongnamcheon-gun, and agreed to receive interest rate of KRW 136% per annum on a condition that 120,000 won shall be repaid every day for 100 days, and around that time, up to June 12, 2012, the Defendants violated the limitation on the interest rate of 6 times to the total of 5 persons, as shown in the separate crime list.

Summary of Evidence

1. Defendants’ partial statement

1. The suspect interrogation protocol of the defendant A by the police;

1. Although the first and second statements of the police interrogation protocol regarding Defendant B included only the interrogation protocol of the police as to Defendant B, it is evident that each of the interrogation protocol as to Defendant B was submitted as evidence when considering that the first and second police interrogation protocol as to Defendant B was bound continuously.

and attached details of account transactions

1. Application of Acts and subordinate statutes concerning the frequency of repayment of investigation reports;

1. Relevant Article 19(1)1 and Article 3 of the former Act on Registration of Credit Business, etc. and Protection of Finance Users (Amended by Act No. 11544, Dec. 11, 2012); Article 30 of the Criminal Act; registration of credit business, etc. and protection of finance users.

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