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(영문) 부산지방법원 2018.11.21 2018고단2674
대부업등의등록및금융이용자보호에관한법률위반
Text

1. The defendant A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for six months;

2.Provided, That this judgment shall become final and conclusive.

Reasons

Punishment of the crime

1. Defendant A received interest of 300% per annum from around October 6, 2016, on the “E” office operated by Defendant A in Busan East-gu C building D, Busan-gu, and on the condition that the debtor F pay KRW 3.2 million monthly interest, plus KRW 3.2 million to the debtor F, Defendant A received at least KRW 5.6 million after three months (34.9% per annum from April 2, 2014 to August 28, 2017; 27.9% per annum from the following day to February 6, 2018). In addition, Defendant A received at least KRW 4.5 million interest rate per annum from around that month to October 27, 2017 (hereinafter collectively referred to as “4.5 million interest rate per annum”). Defendant A received at approximately KRW 500,500,000, “4.5 million interest rate per annum” (hereinafter referred to as “one million interest rate per annum”).

2. On December 2017, the Defendants: (a) invested each of KRW 30 million in a loan business office and jointly operated a loan business office; and (b) decided to distribute profits accrued from lending by soliciting their customers.

Accordingly, on December 1, 2017, the Defendants conspired to lend KRW 4 million to debtor G at the above “E” office on condition of KRW 1 million per month interest, and received interest at a rate of 300% per annum exceeding the statutory interest rate. From around that time to December 14, 2017, the Defendants received interest exceeding the statutory interest rate of KRW 10,200,000 as shown in the [Attachment] List of Crimes (2] between around that time and around December 14, 2017.

Summary of Evidence

1. Defendants’ legal statement

2. Part of each police interrogation protocol against the Defendants and H (including part of the statement made by I)

3. Each police statement made to I and J;

4. Each statement (including copies thereof) in K, L, M, N,O, P, Q, R, S, T, U, G, and V;

5. A copy of a standard contract for each loan transaction, a certificate of borrowing, or a fair certificate;

6. Details of each deposit transaction and passbook (including copies thereof);

7. Application of each text message image statute;

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

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