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(영문) 부산지방법원 동부지원 2013.03.27 2013고단409
대부업등의등록및금융이용자보호에관한법률위반
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to operate a credit business shall register the credit business with the administrative agency having jurisdiction over the relevant place of business by place of business, and where an unregistered credit service provider lends a loan, he/she shall not receive interest exceeding the interest rate of 30% per annum.

The Defendant, along with C, conspiredd to run unregistered credit business in Busan only, distributed leaflets through job offer advertisement, provided loan counseling, and recruited staff members to take charge of loan procedures, and employed D, E, F, G, H, I, and J.

Defendant and C, without registration with the competent authority on January 1, 201, around 16:30, via D, loans 4 million won in the name of L parking lot located in Busan Metropolitan Transportation Daegu, granted 3.6 million won after deducting 3.20,000 won in terms of fees, and paid 80,000 won each day for 65 days in the number of days in the form of a fee, and loaned 10 persons as shown in the attached list of crimes, and received interest exceeding 30% per annum.

As a result, the Defendant conspired with C to conduct credit business without being registered with the competent authority, and received interest exceeding the limited interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of suspect examination of the accused;

1. Each protocol of suspect examination of C, G, D, E, J, E, and F;

1. A copy of each protocol of examination of suspect C;

1. Each statement made to M, N, J, I, H, andO;

1. Copies of each statement of M, N, P, Q and R;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (victim S counterpart telephone conversations), investigation reports (victim T telephone conversations between the other party of the victim), investigation reports (victim U telephone conversations between the other party of the victim), investigation reports (victim V other party telephone conversations);

1. The limited interest rate under Articles 19 (1) 1 and 3 (1) of the Act on the Registration of Relevant Acts concerning facts constituting an offense and the Protection of Finance Users (the point of unregistered loan), 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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