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(영문) 대구지방법원 2014.04.11 2013고단6798
대부업등의등록및금융이용자보호에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 25, 2011, the Defendant registered a credit business in the name of “C” with the name of “C” at the Daegu Northern-gu Office and is a person who engages in credit business.

1. From September 21, 201 to January 17, 2011, the Defendant loaned KRW 30 million to debtor F at the E Hospital located in Gyeonggi-si, Chungcheongnam-si, and loaned KRW 6 million under the name of commission and advance interest, with a monthly interest of KRW 24 million deducted, and paid interest of KRW 3 million at the interest rate of KRW 150% per annum per month, and violated the statutory interest rate limit by receiving interest of KRW 150% per annum from September 21, 201 to January 17, 2012, as shown in the attached list of crimes (1).

2. On May 12, 201, the Defendant loaned KRW 10 million to the obligor G in front of Maart, where the trade name in the west change in Daegu North-gu, Daegu-gu, and leased KRW 2 million with the deduction of KRW 8 million under the name of fees and interest in front of Maart, and made a monthly repayment of KRW 1 million with the interest rate of KRW 82.4% higher than the annual interest rate, thereby violating the statutory interest rate limit.

3. For the purpose of collecting the borrowed amount that was loaned as provided in paragraph 1, the Defendant, around December 201, 201, took the victim F with sound “assumed” in front of the administrative office of the above E Hospital, thereby opening up the door and leaving the hospital head H.

Notwithstanding the Office, the Office had interfered with the hospital business, such as "no longer than the time the money was reduced," and exercised the power of the debtor or related person in connection with debt collection."

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G and H;

1. The prosecutor's statement concerning the F;

1. Statement of each police statement related to F and G;

1. An E hospital in which a copy, etc. of credit business registration certificate, a investigation report (verification of a suspect's account), a statement of the results of transfer processing, an investigation report (Attachment to the details of transactions), details of transactions, an investigation report (Calculation of Interest Rates), an investigation report (Attachment to the statement of repayment of borrowed money submitted by the victim), A loan details, and a loan deposit is deposited;

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