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(영문) 청주지방법원 충주지원 2013.12.06 2013고단649
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.

However, as to the Defendants, each objection is made against the Defendants.

Reasons

Punishment of the crime

Any person who intends to operate a credit business shall register with the Mayor/Do governor having jurisdiction over the relevant place of business.

1. Defendant A did not register credit business, and on February 14, 2009, at the second floor management office of the building in the Chungcheongnam-gun, Chungcheongnam-gun, the Defendant loaned KRW 12,000,000 to the debtor F without any prior interest to the debtor F by setting the monthly interest rate of KRW 3%. From that time to May 1, 2013, the Defendant loaned KRW 1,542,425,000 to the debtor 31 as shown in the list of crimes (1).

Accordingly, the Defendant operated credit business without registering the credit business from February 14, 2009 to May 1, 2013.

2. Defendant B, without registering credit business, lent KRW 576,60,000,00 to the debtor 16, as described in the list of crimes (2) from January 11, 2010, at the “H singing shop” in the operation of the Defendant’s Defendant’s seat located in the Masong-gun, Chungcheongbuk-gun, by setting the monthly interest rate of KRW 3%, and lending KRW 7,60,000 to the debtor I without any prior interest, and thereafter, loaned KRW 576,60,000 on 49 occasions against the debtor 16, as described in the list of crimes (2).

Accordingly, the Defendant operated credit business without registering the credit business from January 11, 2010 to June 28, 2013.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Each prosecutor's statement concerning J, K, L, M, J, and F;

1. Provision of financial information;

1. Loan certificates, etc.;

1. Extractions from account transactions;

1. A specification of transactions by account;

1. Application of Acts and subordinate statutes to each investigation report (F copy of the statement of statement, the submission of the F deposit transaction statement, a copy of the M deed of statement, the submission of the statement of account transactions in M entry and withdrawal, A andO, the submission of the statement of account transactions in each M entry and withdrawal, the submission of the statement of account transactions in P entry and withdrawal, the submission of the F deposit transaction statement, the submission of B and Q account transactions statement);

1. The Defendants in relation to the pertinent Article of criminal facts and the choice of punishment: The Defendants shall be punished by imprisonment with prison labor, respectively, under Articles 19(1)1 and 3(1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users.

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