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(영문) 인천지방법원 부천지원 2014.07.04 2014고단414
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A In fines of KRW 5,00,000, KRW 1,000, KRW 1,000, KRW 000, KRW 3,000, Defendant C in fines of KRW 3,00,00.

Reasons

Punishment of the crime

Defendant

A is an unregistered credit service provider, and Defendants B, C, and D are each employees.

1. Where an unregistered credit service provider lends a loan to an individual, etc. in excess of the interest rate limit, the interest rate on the loan shall not exceed 30/100 per annum;

Nevertheless, the Defendants conspired with each other,

A. Around October 20, 2013, at a restaurant located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, on condition that E redeem the principal and interest of KRW 10,000,000 per day for 120 days, it violated the restriction on the interest rate of lending (368.3% per annum).

B. From November 10, 2013, in the frequency run by G in Seocheon-gu, Seocheon-gu, Seoul, on the condition that the said G redeems the principal and interest of KRW 12,000 per day (176.2% per annum) on a 100-day basis, it violated the restriction on the interest rate (176.2% per annum).

C. Around November 27, 2013, from the packaging horse operated by I in Seocheon-gu, Seocheon-gu, Seocheon-gu, H, 1.460,000 won per day after deducting 40,000 won, such as the prior interest, on the condition that I redeem the principal and interest of 18,000 won per day for 10,000 days, from the packaging horse operated by I.D. (368.3% per annum).

On December 2, 2013, at a restaurant operated by the JJ located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Ha, the said J violated the interest rate limit (159.9% per annum) by lending KRW 970,000 after deducting 30,000,000, such as prior interest, from the condition that it redeems its principal and interest for 10,000 per day.

2. Any person who intends to operate an unregistered credit business shall register his/her business with the competent administrative agency.

Nevertheless, the Defendants conspired, from October 20, 2013 to December 2, 2013, to engage in credit business as above without registering with the competent authority in the Gyeonggi-si Seoul Special Metropolitan City.

Summary of Evidence

1. Defendants’ respective legal statements

1. Name cards of loans;

1. A copy of each application for loan;

1. An investigation report (vis-party telephone investigation), investigation report (vis-party telephone investigation), investigation report (vis-party telephone investigation) (vis-party telephone investigation), investigation report (vis-party telephone investigation), attachment of the debtor's I statement and telephone investigation.

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