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(영문) 인천지방법원 2013.10.17 2013고단2784 (1)
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant solicited to engage in credit business by offering C and vehicles as security.

1. Any person who intends to operate a unregistered credit business shall make a registration with the competent authority having jurisdiction over the relevant place of business by each place of business;

On September 201, the Defendant, in collusion with C, did not register the credit business with the competent authorities, agreed to receive 500,000 won (50,000 won (per month interest) from the mutual incompetence points located in the Nam-gu Incheon Metropolitan City, Nam-gu, Seoul, and then loaned 10,000,000 won (per month interest) to F.

B. On November 11, 201, the Defendant conspired with C to obtain KRW 500,000 for each month interest by the time the principal is repaid, and issued KRW 9,500,000,000 for the said D, and received KRW 500,000 from the said D around December 13, 201, while lending KRW 10,000 to D, near the construction center located in the Nam-gu, Incheon Metropolitan City.

Accordingly, the Defendant conspiredd with C to run a unregistered credit business.

2. Where any unregistered credit service provider and any unregistered credit service provider lend a loan at a rate exceeding the restriction rate, they shall not collect interest at an rate exceeding 30/100 per annum.

Nevertheless, the Defendant conspired with C to lend a loan to D as stated in Section 1(b) and received interest at the rate of 63% exceeding the above 30%.

Accordingly, the Defendant conspired with C to receive interest exceeding the statutory interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. Each police statement concerning E and F;

1. A list of accounts and transactions;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 19(1), Article 3(1), Article 19(2)3, and Article 11(1) of the Act on the Registration of Credit Business, etc. and Protection of Financial Users; and Article 30 of the Criminal Act provides loans that exceed the rate of unregistered credit business and restriction;

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