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(영문) 서울북부지방법원 2013.08.09 2012고단2562
대부업등의등록및금융이용자보호에관한법률위반등
Text

Defendant

A shall be punished by a fine of KRW 4,000,00 and by a fine of KRW 1,00,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Although those wishing to operate unregistered credit business are registered with the competent administrative agency, the Defendants conspired to do so and did not register with the competent administrative agency, and provided the following loan to F.

On April 26, 2010, the Defendants concluded a loan agreement with F to pay 5% interest on the principal each month on the front day of the “H main store operated by F in Dongdaemun-gu Seoul, Seoul, on April 26, 2010, and leased 28,500,000 won to F.

B. On July 1, 2010, the Defendants concluded a loan agreement with F to receive 5% interest on the principal amount each month at the same place, and leased 19,000,000 won to F.

C. On October 19, 2010, the Defendants concluded a loan agreement with F to receive 5% interest on the principal amount each month at the same place, and thereafter lent 19,000,000 won to F.

On March 25, 2011, the Defendants concluded a loan agreement with F to pay 5% interest on principal each month at the same place, and leased 9,500,000 won to F.

E. On August 12, 2011, the Defendants concluded a loan agreement with F to receive 5% interest on the principal amount each month at the same place, and thereafter loaned KRW 9,500,000 to F.

2. If a credit service provider that has not made a loan in excess of a limited interest rate makes a loan, no interest shall be collected at a rate exceeding 30% per annum;

Nevertheless, the Defendants conspired to lend money to F as described in paragraph (1) and received KRW 21,80,000,000, which is the interest rate exceeding 30% per annum from F until October 10, 201.

Summary of Evidence

1. Defendants’ legal statement

1. Partial statement of witness F;

1. Application of A Details of Transactions and Acts and subordinate statutes to be submitted;

1. Defendants of relevant criminal facts: Articles 19(1)1 and 3(1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users; the Criminal Act.

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