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(영문) 의정부지방법원 2013.12.03 2013고단2168
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendants shall be punished by a fine of four million won.

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

Any person who intends to run a credit business shall register his/her business with the administrative agency having jurisdiction over the relevant place of business by his/her office, and where an unregistered credit service provider lends a loan, the interest rate shall not exceed 30 percent per annum.

Nevertheless, without registering with the competent authority the Defendants related to the private villages, Defendant A, without having registered with the competent authority, directly manage the Agricultural Cooperative Account under the name of Defendant B (E), provided loans to the obligors through Internet banking or telebanking, and Defendant B offered to conduct an auction procedure under his/her name in cases where the loan, etc. is received from, or is unable to be repaid from, the obligors; around April 25, 2012, he/she lent KRW 8,520,000 after deducting KRW 4,80,000 from the Gju located in Namyang-si, Namyang-si, and then delivered KRW 7,520,000,000,000 per annum from April 28, 2012 and received approximately KRW 76% interest per annum from the obligor from around 200 to January 28, 2012 as stated in the attached list of crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of a witness I, J and K;

1. Each prosecutor's protocol of interrogation of each prosecutor's suspect against the Defendants

1. The prosecutor’s statement concerning Defendant B;

1. A written request for financial transaction information, analysis of details of account transactions in B, each copy of each letter, each copy of each written confirmation, each copy of each receipt, each receipt, copy, each real estate monthly rent contract, details of deposit and withdrawal, each letter, and each written confirmation;

1. Application of Acts and subordinate statutes of each investigation report;

1. The Defendants: pertinent legal provisions on criminal facts and the choice of punishment: Articles 19(1)1 and 3(1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users; Article 30 of the Criminal Act (generally, the point of running a registered credit business); registration of each credit business, etc.; and finance users.

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