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(영문) 의정부지방법원 고양지원 2013.12.05 2013고단1721
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of one thousand won,00,000 won.

However, as to Defendant A, this shall not apply.

Reasons

Punishment of the crime

Defendant

A is a person who has been engaged in credit business without an office in Seoul, Goyang and Priju with the trade name of "C", and Defendant B is a person who has served as a member of the above "C".

1. The sole criminal conduct of Defendant A;

(a) Where a person engages in a credit business that engages in the business of delivering or brokering unregistered credit business and receiving or receiving money, he/she shall file for registration with the competent Mayor/Do Governor;

Nevertheless, Defendant A, without being registered with the competent Mayor or the Do Governor on June 201, lent KRW 5 million to D and received annual interest rate of KRW 201.7%, and run the unregistered credit business six times as shown in the annexed List of Crimes.

(b) If a unregistered credit service provider grants a loan exceeding the interest rate, the loan shall not exceed 30/100 per annum as provided for in the Interest Limitation Act;

Nevertheless, around June 201, Defendant A loaned KRW 4,60,000,000 to D with the principal of KRW 5,000,000,000, after deducting KRW 4,000 from the principal of KRW 5,000,000,000 per day, Defendant A violated the restriction on the interest rate as described in the attached Table 1 and 2, such as receiving payment of KRW 6,000,000 per annum 60,000 per annum from the day.

2. In the event that Defendant A and Defendant B offered a loan, the amount of the loan cannot exceed 30/100 per annum, which is the interest rate prescribed in the Interest Limitation Act. Defendants conspired with each other, and around February 2012, 1-B.

D at the same place as described in paragraph 1-B above.

Under the same conditions as the paragraph, the restriction on the interest rate was violated as shown in the attached list 3 to 6.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to D by the police;

1. Calculation table of interest rates, application of Acts and subordinate statutes of the standard loan transaction contract;

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

(a) Defendant A: Article 19(1)1 and Article 3 of the Act on Registration of Credit Business, etc. and Protection of Finance Users, shall be punished by imprisonment or imprisonment with prison labor.

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