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(영문) 서울중앙지방법원 2014.06.18 2013고정6749
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 7,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Any person who intends to operate a credit business shall register with the Special Metropolitan City Mayor, etc. having jurisdiction over the relevant place of business, and shall not receive interest exceeding 30% per annum when any unregistered credit service provider engages in a credit business.

1. The Defendant did not register with the competent authority, on January 25, 2009, lent KRW 1204,570,000 to the obligor D for 100 days, and received interest of KRW 74% per annum by receiving KRW 4.4% per annum from the obligor D for 100 days. As indicated in the attached Table 1, the Defendant operated credit business from the above date to January 26, 2012, and all received interest over 14 times in excess of the statutory limit.

2. Defendant B, without registering with the competent authority on December 17, 2010, at the same place as the preceding paragraph, lent KRW 16 million to the debtor E as interest rate of KRW 77% per annum, and received KRW 3.6 million per annum 960,000 per annum, as indicated in the attached Table No. 2, from the above date and time to August 20, 201 as indicated in the attached Table No. 2, the Defendant operated credit business, and received interest on five occasions more than the limited interest rate stipulated in the law.

Summary of Evidence

1. Defendant A’s legal statement

1. Prosecutions and police suspect interrogation protocol for the Defendants

1. Each prosecutor's statement concerning D;

1. Each police statement made to D or F;

1. Written statements of D;

1. An investigation report (in calculating interest rates), an investigation report (in cases of attaching documents on credit business), an investigation report (in cases of lending business, attaching separate notes on transaction passbooks used for loan transaction), each investigation report (in cases of attaching documents on passbook transaction), each investigation report (in cases of attaching documents on passbook transaction), each investigation report (in cases of calculating the number of days), each investigation report (in cases of attaching documents on passbook transaction), each investigation report (in cases of telephone conversations transaction), and each investigation report

1. One copy of each loan contract and a detailed statement of passbook transaction;

1. Application of the Acts and subordinate statutes to the complaint;

1. Defendants of relevant criminal facts: Act on Registration of Credit Business, etc. and Protection of Finance Users.

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