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(영문) 인천지방법원 2020.08.28 2020고단4568
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to engage in credit business shall register with the Special Metropolitan City Mayor or Do Governor having jurisdiction over the relevant place of business, and no unregistered credit service provider shall receive interest exceeding 24 percent per annum if it engages in credit business.

Nevertheless, the Defendants conspired to engage in credit business without registering the credit business from July 2018 to receive a high rate of interest from those who need to be supplied in Seoul, Gyeonggi, and Incheon, and agreed to engage in credit business. Defendant A was mainly responsible for the role of determining the loans with a large rate of loans, Defendant B was responsible for the role of preparing notarial documents and collecting claims.

According to such public offering, around July 21, 2018, the Defendants: (a) lent KRW 3,000,000 to C in the Incheon Buddhist District; (b) actually delivered KRW 2,700,000 after deducting KRW 300,000 from the prior interest; and (c) acquired KRW 3,000,000 in excess of the interest rate by receiving reimbursement of KRW 1,00,000 for three months each month; and (d) acquired KRW 191,287,00 in excess of the limited interest rate.

In addition, the Defendants conspired to engage in credit business without registering the credit business from around that time to January 23, 2020, and by lending a total of KRW 457,300,000 over 183 times as shown in the list of crimes in the attached Table, thereby acquiring KRW 5,025,363 from the interest exceeding the limited interest rate.

Summary of Evidence

1. The application of the Acts and subordinate statutes to the Defendants’ respective legal statements D, E, F, and G of each police protocol of statement D to the investigation report (a list of loans attached), investigation report (a list of passbooks attached), investigation report (a list of crimes), investigation report (a report on revision of the list of crimes (the calculation of interest rates)), investigation report [a report on calculation of excess amount of interest (the report on calculation of interest rate)]

1. Relevant Article 19(1)1 of the Act on Registration of Credit Business, etc. and Protection of Finance Users, the main sentence of Article 3(1), Article 30 of the Criminal Act, and Article 30 of the Criminal Act, respectively.

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