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(영문) 대구지방법원 서부지원 2018.01.09 2017고정461
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 3,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On October 13, 2014, the Defendants engaged in the business of unregistered loan and the business of giving or receiving interest in excess of the interest limit, and leased 3 million won to C who reported and contacted the advertisement leaflet at the front plaza of the department store in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul around October 13, 2014, on the condition of paying 2.4 million won per day after deducting 60,000 won from the fee and 6.7 million won per day, 63 days per 63 days. The Defendants received the interest of the party at 394.9% per annum, exceeding the statutory maximum interest rate, and received the maximum interest rate at 394.9% per annum from November 20, 2015, as shown in the annexed crime list, and received the maximum interest rate exceeding the statutory interest rate.

2. Around January 5, 2016, Defendant A’s non-registered loan business, and the Defendant received excess restriction on interest, leased KRW 3 million to C in the same place as Paragraph (1) of the same Article, under the foregoing condition, 2.7 million after deducting 300,000 won in total from the commission and the number of days prior to such lending, and the Defendant borrowed KRW 13,260,000 in total over five times until June 9, 2016, and received interest exceeding the statutory maximum interest rate.

Summary of Evidence

1. Defendants’ legal statement

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Statement made by the police with respect to C (including the calculation of the details of debt repayment, etc. with respect to D (E), the list of loan transactions with D (E), and the details of each account transaction);

1. Investigation Report - In relation to the request for provision of CCTV image data, investigation report - Attachment of details of telephone conversations with victim attendance and D (not more than 232 pages of records), application of the Acts and subordinate statutes of investigation report (suspect specific)

1. Relevant legal provisions and the Defendants’ choice of punishment on criminal facts: Registration of each loan business, etc. and Articles 19(1)1 and 3(1) of the Act on the Protection of Financial Users; Article 30 of the Criminal Act (the point of non-registered loan business; Defendant 2).

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