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(영문) 춘천지방법원 영월지원 2015.01.16 2014고정78
대부업등의등록및금융이용자보호에관한법률위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. A person who intends to engage in credit business based on the summary of facts charged shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business, and where an unregistered credit service provider lends a loan to an individual, the interest rate shall not exceed the rate prescribed by statutes;

Nevertheless, Defendant A: (a) conspired to serve as a 'bts' called "bts" in supplying funds necessary for the lending; (b) agreed to lend money to a person in need of money in physical color; and (c) around February 11, 2012, at the Gangseo Islands casino located in Gangwon-gun, Gangwon-gun, Gangwon-gun, the maturity of payment was set at 10 days after the lapse of 15 million won, and (c) loaned KRW 13.5 million to D with a loan of KRW 406% per annum exceeding 30% per annum of legal interest rate by lending KRW 13.5 million, excluding advance interest and KRW 1.5 million per annum.

The Defendant in collusion with C, from March 2, 2012 to March 2, 2012, run a credit business that lends KRW 63,450,000 without being registered with the competent Mayor/Do Governor on a total of six occasions, as shown in the separate list of crimes, and received interest equivalent to 135% to 406% per annum exceeding the statutory limit interest rate.

2. The defendant and his defense counsel asserted that C only used the money that he received from the defendant for personal use and did not engage in credit business like the facts charged. Thus, the defendant and his defense counsel did not run credit business or received any money exceeding the limited interest rate.

C’s statement, loan certificate, and written confirmation that are consistent with the above facts charged.

However, the following circumstances acknowledged by the evidence duly adopted and investigated in this Court, namely, this case was initiated when the defendant filed a criminal complaint against C in fraud. From the perspective of C, if it is recognized that C appropriated the money received from the defendant for the credit business without using it for the credit business, it is highly probable that the fraud could be recognized, and the loan certificate and the loan certificate are likely to be false.

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