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(영문) 서울중앙지방법원 2017.09.13 2017고정1968
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendants shall be punished by a fine of five million won.

If the Defendants did not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendants, along with C, are those who run a lending company in Gangdong-gu Seoul Metropolitan Government Dtel 1302.

A person who intends to engage in loan business shall register the relevant place of business with the administrative agency having jurisdiction over the relevant place of business, and where an unregistered credit service provider grants a loan, he/she shall not receive interest exceeding 25% per annum, which is legal interest rate.

Nevertheless, on January 4, 2017, without registering the lending business with C, the Defendants offered loans of KRW 4 million to G to KRW 3,90,000,000,000,000,000 from the around the Gangdong-gu Seoul Metropolitan Government E, and delivered KRW 1,000,000,000,000 per week after deducting 1,000,000 won was paid for 12 weeks from October 16, 2016 to February 22, 2017, as shown in the list of crimes, and received interest.

As a result, the Defendants in collusion with the above C did not register the lending business and received interest exceeding the statutory limit interest rate.

Summary of Evidence

1. Defendants’ legal statement

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Each police statement protocol with respect to G, H, I, J, K, and L;

1. Application of Acts and subordinate statutes to report internal investigation (Submission of the specifications of international transactions), report internal investigation (Submission of documents in the course of operating a lending business), report of internal investigation (Submission of B Account Details), and report of internal investigation (Submission of Account Statement of A);

1. Relevant legal provisions of the Act on the Registration of Loan Business, etc. and Protection of Financial Users: Defendants: Articles 19(1)1 and 3(1) of the Act on the Protection of Financial Users; Article 30 of the Criminal Act; Article 19(2)3 and 11(1) of the Act on the Registration of Loan Business, Etc. and Registration of Loan Business, and Protection of Financial Users; Articles 19(2)3 and 11(1) of the Act on the Protection of Financial Users; Article 30 of the Criminal Act

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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