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(영문) 수원지방법원 2016.10.27 2016고단2956
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendants shall be punished by a fine of KRW 5,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

1. Any person (excluding any credit financial institution) who intends to run a credit business or credit brokerage business (hereinafter referred to as "credit business or loan brokerage business") shall register his/her business with the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor") having jurisdiction over the relevant place of business;

Nevertheless, the Defendants conspired to engage in credit business without registering the credit business to the competent administrative agency on November 5, 2014, by lending KRW 1760,000 to the debtor F at the Defendant’s office located in Suwon-si E and 209 on November 5, 2014, from that time to March 3, 2016.

2. The prosecutor who violated the interest rate limitation was ordered to amend the bill of amendment by filing an application for permission to change the schedule of the attached crime, and it is judged that the above crime is corrected in accordance with the revised list of crimes and that even if corrected, the correction does not disadvantage the defendants' defense right. Thus, the above correction is recognized.

No unregistered credit service provider shall receive interest exceeding the interest rate under the Interest Limitation Act.

Nevertheless, on November 5, 2014, the Defendants conspired to lend KRW 625,590,000 to the debtor F at the place under the preceding paragraph, 1.760,000,000,000 from the amount requested for a loan to the debtor F, and agreed to pay KRW 2.47,000,000 per annum 92.17% interest per annum for 90,000 more than nine days, and thereafter, borrowed KRW 232 more than 625,590,000 from March 3, 2016, and received interest exceeding the limited interest rate under the Interest Limitation Act.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness G;

1. Each police interrogation protocol against the Defendants

1.The details of transactions of passbooks used for the investigation reporting credit business.

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