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(영문) 수원지방법원 안산지원 2013.08.20 2013고정1124
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A under the trade name of C(D), a person who operates credit business, Defendant B was an employee in charge of distribution of the loan prior complex from the above lending company, and the Defendants offered loans to unspecified persons who reported and contacted the loan leaflets distributed by Defendant B to receive interest exceeding 39% per annum, which is a statutory interest rate.

1. On March 6, 2013, the Defendants conspired to lend KRW 100,000,000 to E on the condition that they shall be repaid for 150 days each day in the mutual influent car page in the Gangseo-gu Seoul Metropolitan Government Seoldong, and received interest at 91.9% per annum in accordance with the above condition.

2. On March 11, 2013, the Defendants conspired to lend KRW 1,00,000 to H on the condition that H is repaid for 1,50 days each day from G control points located in Dongjak-gu Seoul Metropolitan Government F, and received interest at 91.9% per annum in accordance with the above condition.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. Copy of registration certificate of credit business;

1. Each loan document;

1. Complex for advertisement;

1. Application of Acts and subordinate statutes to each investigation report (Evidence Record 48, 65, 67 pages);

1. The Defendants in charge of criminal facts and the choice of punishment: Articles 19 (2) 3 and 8 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 30 of the Criminal Act (the fact that interest has been paid in excess of the legal interest rate, the selection of fines);

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentence of Article 334(1) of the Criminal Procedure Act stipulates that Defendants A were subject to a disposition of suspension of indictment, and Defendant B had the record of being sentenced to a fine, and the degree of Defendant B’s participation. It is so decided as per Disposition on the grounds above.

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