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(영문) 인천지방법원 부천지원 2014.09.05 2014고정715
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Any person who intends to operate a credit business shall register with the Special Metropolitan City Mayor, etc. having jurisdiction over each business office;

Nevertheless, at around 14:00 on September 3, 2012, the Defendant and C obtained a passenger car in the name of the victim G (the age of 67, the south-gu Incheon Metropolitan City) owned by the victim F (the age of 36, the remaining) who received a monetary loan through E is in need of urgency to raise the hospital expenses, and was immediately lent KRW 5,300,000 to loan KRW 5,000,000 to the victim's family (the age of 67, the south).

The Defendant and C provided the above vehicle as collateral and provided loan 6,00,000,000, and 7,000,000,000,000 won, which is 11% of the prior interest, were deducted. The Defendant and C provided unregistered credit service.

2. No credit service provider shall lend a loan to any individual or any small-scale corporation prescribed by Presidential Decree at an annual interest rate exceeding 39 percent;

Nevertheless, as described in the above 1.1., the Defendant and C received the instant 6,000,000 won as security from the victim F and paid 5,30,000 won after deducting 700,000 won from the prior interest, and violated the statutory interest rate limit (39% per annum) by receiving 11% per month for 6,00,000 won for 6,000,000 won, and 70,000 won for interest equivalent to 140% per annum.

Summary of Evidence

1. Police suspect interrogation protocol regarding C;

1. The police statement concerning F;

1. A specification of transactions (IFFC);

1. Details of financial transactions (the name of the mother of a suspect AJ);

1. A written inquiry about criminal records, etc. [The criminal facts in the judgment are sufficiently recognized in light of the following circumstances recognized by each evidence, namely, the fact that the defendant operated the victim's vehicle after counseling the victim with the victim's loan, and the defendant transferred the loan from the account under the J's name to the account under the victim's wife's name, etc.] and the application of statutes shall be met;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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