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(영문) 인천지방법원 부천지원 2014.12.26 2014고단2176
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by imprisonment for one year and a fine of twenty thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant did not register with the competent authorities, and run credit business, such as lending money to the victim C, as indicated in the following list of crimes, at an indeterminate place from December 19, 2005 to February 9, 2012.

2. Where an unregistered credit service provider lends a loan, the interest rate shall not exceed 30 percent per annum.

The Defendant received interest equivalent to 133% per annum on January 23, 2010 by deducting 3 million won from the prior interest and providing the remainder only when lending 30 million won to the victim C for one month.

The Defendant along with this, from January 23, 2010 to February 9, 2012, as set out in the table of crime Nos. 16 to 21, the Defendant loaned a total of KRW 143 million to the victim six times, and received interest from the victim at least 30% per annum.

Ultimately, the Defendant violated the limitation on the interest rate and received interest.

Summary of Evidence

1. Defendant's legal statement;

1. Part D and C of the suspect examination protocol of the defendant against the prosecutor;

1. Each police statement of C;

1. A list of details of transactions in passbook C and A;

1. A detailed statement of performance, etc. of obligations to C and A;

1. A list of trading of ordinary deposits;

1. A criminal report (Adjustment of details of transactions in the list of crimes);

1. Details of loans made with C and A;

1. A list of trading of ordinary deposits;

1. A copy of a list of ordinary deposits transactions;

1. Investigation reports (Submission of suspect details of transactions);

1. Application of statutes concerning criminal records;

1. Article 19 (1) 1 and (3), and Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts, and Articles 19 (1) 1 and (3), and 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Articles 19 (2) 3 and (3), and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users: Imprisonment with prison labor and fines shall be imposed concurrently;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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