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(영문) 서울중앙지방법원 2018.11.12 2018고정2275
대부업등의등록및금융이용자보호에관한법률위반등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

D. (State) E is operating investment companies and lending money to those who need to pay money, and the Defendant offered to D with money to lend money to those who need to pay money.

1. A person who intends to engage in a loan business for unregistered loan business or brokerage thereof shall register with the Mayor/Do governor having jurisdiction over the place of business and the Do governor. However, the defendant in collusion with D on May 3, 2018, receives 220 million won interest on the condition that he/she lends 2 billion won to the victim F at the point of distributing Seocho-gu Seoul Enterprise Bank from May 3, 2018, on the condition that he/she lends 2 billion won to the victim F.

7.7.As a condition that a person lends 5 billion won for four days at the same place, he/she receives 60 billion won in interest on a vessel and receives 3.

8. 9. Around two days in the same place, a person engaged in unregistered loan business by lending a total of KRW 12 billion without registration of loan business three times in Do, such as receiving KRW 30 million in advance interest, on condition that he/she lends KRW 5 billion in the same place.

2. Although a credit service provider that has not received restricted interest in excess of 2.4% a year’s maximum interest rate does not exceed 2.4% a year, the Defendant conspired with D, and the Defendant received 5.8% interest per annum exceeding 5.8% a year’s statutory autonomy by providing a loan with a prior interest of KRW 2.0 million for seven days from May 3, 2018 on condition of lending KRW 2.0 billion, and (2) as a condition of lending KRW 5.0 million from July 7, 2018, the Defendant received 110.8% interest per annum a year exceeding the statutory autonomy by providing a loan with a prior interest of KRW 3,000,000,000 from July 7, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning each of the police suspects against the accused, D, or F;

1. A copy of a statement of bank transactions and an investigation report (related to the calculation of interest rates);

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