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Reasons
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(영문) 인천지방법원 부천지원 2014.05.30 2014고정499
대부업등의등록및금융이용자보호에관한법률위반
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Defendant

A A Fines 3,00,000 won, Defendant B’s fine 1,500,000 won, and Defendant C’s fine 4,000,000 won.

Reasons

Punishment of the crime

The Defendants are aware that the business should be registered with the head of the competent administrative agency having jurisdiction over the relevant place of business, and that the interest rate should not exceed 30% per annum.

1. Defendant A, without registering a credit business, extended a total of KRW 60,850,00,000 to the debtor D as of October 30, 2012, and extended a total of KRW 270,000 to the debtor D by December 26, 2013, as shown in the list of crimes (1) in the attached Table of Crimes (1).

The Defendant engaged in credit business as above and received 360% per annum by receiving 10% interest from 10% per annum, and received more than the statutory maximum interest rate.

2. Defendant C continued to provide a total of KRW 63,340,000 by December 3, 2013, as shown in the List of Crimes (2), including lending KRW 2,640,00 to D as of June 22, 2012, without registering credit business, and granting a total of KRW 63,340,000 to Defendant C.

The Defendant engaged in credit business as above and received 360% per annum by receiving 10% interest from 10% per annum, and received more than the statutory maximum interest rate.

3. Defendant B, without registering a credit business, extended KRW 28,300,000 to the debtor D as of January 10, 2013, and continued to lend KRW 28,300,00 to the debtor until September 13, 2013, as shown in the List of Crimes (3), and extended KRW 12,00,00 to the police officer E in August 2013.

The Defendant engaged in credit business as above, and received 180% per annum by receiving interest at 15% per month, and received it in excess of the statutory interest rate.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of D police statement;

1. Application of the Act and subordinate statutes to the investigative report (suspect B loan certificate);

1. Defendants: pertinent Article on criminal facts and the choice of punishment: The Defendants: Registration of each credit business and the Protection of Finance Users Act, Articles 19(1)1 and 3(1) of the Act on the Protection of Finance Users.

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