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(영문) 서울북부지방법원 2013.10.10 2013고단1625
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendants shall be punished by imprisonment for one year.

However, the execution of each of the above penalties for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to operate a credit business shall register with the competent authority, and where an unregistered credit service provider lends a loan, the interest rate shall not exceed the interest rate under the Interest Limitation Act.

Nevertheless, without registering the credit business, the Defendants conspired to engage in the credit business in Dongdaemun-gu Seoul Metropolitan Government D original room, and Defendant A prepared 10,000 won of loan funds and provided account books management, consultation with debtors, loan contracts, debt collection, Defendant B decided to take charge of the management of loan funds and counseling with the debtor. Defendant B consulted with the debtor who became aware of in the course of previous loan transactions by consulting with the debtor about the terms and conditions of the loan by using spophones, and then, the loan repayment was decided to run the unregistered credit business by using the sporad debit card received from the debtor.

The Defendants, around August 2012, shall provide F with a loan consultation in an apartment complex located in the Dongjak-gu Seoul Metropolitan E basin, and from August 2012 to February 2013, after deducting KRW 500,000 from the interest rate of KRW 180,000 per week, if they are unable to repay or redeem KRW 500,000 per week, they shall deposit KRW 160,000 per week, 160,000 in the next week, and 140,000 in the next week, on the condition that they deposit the principal remaining in the next week, and shall receive interest rate of KRW 3466% per annum from August 2, 2012 to February 2013.

Accordingly, the Defendants conspired to conduct the unregistered credit business and received interest exceeding the interest rate under the Interest Limitation Act.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol of suspect examination of G police officers;

1. Each police statement made to H, F, I, J, K, L, M, N, andO;

1. Each statement of P, Q, R, S, and T

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