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(영문) 인천지방법원 2014.11.14 2014고정2735
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Unregistered credit business C is an entity that engages in unregistered credit business, and the Defendant is an employee of C.

Any person who intends to operate a credit business shall make a registration with the competent authority having jurisdiction over the relevant place of business for each place of business.

Nevertheless, on August 12, 2013, the Defendant, in collusion with C, agreed to lend KRW 2,274,500, which deducts KRW 225,500 as prior interest and commission fees, to E without registering with the competent authority, and to receive KRW 175,500 for every three days, and operated credit business without registering the credit business by giving loans to E four times from August 12, 2013 to August 29, 2013, as shown in the attached crime list.

2. Where any unregistered credit service provider and any unregistered credit service provider, etc. lend a loan at an excessive rate, they shall not collect interest at an rate exceeding 30/100 per annum.

Nevertheless, on August 13, 2013, the Defendant conspired with C to lend 2.5 million won to E, and agreed to receive 175,500 won in total for 4,774,500 won in every three days after lending 2.5 million won to E on August 13, 2013, and received interest at the rate of 143.5% in excess of the above 30%.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol regarding C;

1. Statement to E by the police;

1. Investigation report (report on the autonomous calculation of day);

1. Application of Acts and subordinate statutes to a copy of a cash lending contract, etc., a copy of a notarial deed, etc., a copy of promissory note, etc., loan statement

1. Article 19 (1) 1 and Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and the Selection of Punishment, Article 30 of the Criminal Act, Article 19 (2) 3 and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Article 30 of the Criminal Act.

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