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(영문) 의정부지방법원 2015.07.16 2015고정623
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 5,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is an employee of a credit service office, who is in charge of distributing promotional leaflets for loans and collecting loans in the Namyang-si, Namyang-si, and Defendant B was in charge of the affairs of providing loans by consulting with the persons who reported the above promotional leaflets to the persons who operated the above credit service office.

1. The Defendants conspired to engage in credit business by lending money to 80 persons, without registering the credit business, from November 15, 2013 to July 14, 2014, including lending money of 1.5 million won to D, while lending money of 1.5 million won per day to D, and having D repay money of 60 thousand won for 60 days.

2. Where unregistered credit service providers lend a loan, they shall not receive interest in excess of 30 percent per annum, which is the restricted interest rate; and

Nevertheless, the Defendants conspired with each other on November 15, 2013, from the “F” of the operation of the E located in Namyang-si, Namyang-si, the Defendants leased 1.5 million won to the said D for 60 days, and received interest exceeding the limited interest rate by receiving a payment of interest of 300,000 won for 60 days each day following the lending of 1.5 million won to the said D.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Number of days receipt statute - Defendants

1. Article 19 (1) 1 and Article 3 (1) of the Act on Registration of Credit Business and Protection of Financial Users, Article 30 of the Criminal Act, Article 19 (2) 3 and Article 8 of the Act on Registration of Credit Business and Protection of Financial Users, Article 30 of the Criminal Act concerning the facts constituting an offense (a point of receiving or receiving a limited interest rate in excess of the limited interest rate);

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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