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(영문) 의정부지방법원 2014.06.19 2014고단352
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant

A Imprisonment for one year, Defendant B and C shall be sentenced to six months of imprisonment, Defendant D and E shall be sentenced to a fine of two million won, respectively.

Reasons

Criminal facts

Any person who intends to operate a credit business shall register the relevant place of business with the administrative agency having jurisdiction over the relevant place of business, and where an unregistered credit service provider lends a loan, the interest rate shall not exceed 30 percent per annum under the Interest Limitation Act.

Nevertheless, Defendant A, with the trade name of “J” in Namyang-si, Nam-si, 1002, conspiredd to receive interest exceeding the limited interest rate while running an unregistered rental business. Defendant B, with a method of taking charge of the business of distributing leaflets and collecting and collecting the pre-registered rental business, and Defendant C, D, and E, with a method of distributing and collecting the pre-registered rental business using the pre-registered rental business.

Accordingly, Defendant A, Defendant B, and Defendant C conspired with each other to lend KRW 4 million to the victim K, and paid only KRW 3.8 million, excluding KRW 200,000,000,000 in advance and in advance interest, and received the interest calculated at an annual interest rate of KRW 89,000 per annum 275% from around that time to August 28, 2013 as indicated in the separate list of crimes. From around July 2012, 201, Defendant D took part in each of the above lending activities from around December 12, 2012 to around 261, and from around December 2012, Defendant E took part in each of the above lending activities.

As above, the Defendants conspired to engage in unregistered credit business without being registered with the competent authority and received interest exceeding the interest rate under the Interest Limitation Act.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of the police concerning L;

1. Second police interrogation protocol against Defendant E (including a list of offenses attached thereto);

1. Third police interrogation protocol against Defendant D (including a list of offenses attached thereto);

1. As to the defendant C, each.

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