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(영문) 서울중앙지방법원 2014.08.07 2014고단3978

대부업등의등록및금융이용자보호에관한법률위반

Text

A defendant shall be punished by imprisonment for four months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

1. Any person who intends to operate a credit business without registration shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor having jurisdiction

On April 9, 2013, the Defendant, without registering a credit business, lent KRW 1.1 million to B at the coffee shop located in Gangnam-gu Seoul, Seoul, Seoul, and extended a credit business to four times between around that time and October 11, 2013, including lending a total of KRW 7 million to B, as described in the following crime sight table, between April 2013 and December 2013.

Accordingly, the Defendant run a credit business without registering the credit business.

2. No unregistered credit service provider may charge interest exceeding the interest rate of 30% per annum, where a unregistered credit service provider grants a loan in violation of the restriction on the interest rate of the unregistered credit service provider;

On April 9, 2013, the Defendant requested to lend 1.5 million won from B at a coffee shop in Gangnam-gu Seoul, Gangnam-gu, Seoul, and 1.1 million won, subtracting 1.5 million won from the name of prepaid payment, was loaned at the annual interest rate of 993% on the condition that he is paid the principal and interest for 34 days on the pretext of fees.

From around that time to October 11, 2013, the Defendant received interest by violating the interest rate limit on four occasions as stated in the attached list of crimes.

Accordingly, the Defendant received interest in violation of the interest rate limit of unregistered credit service providers.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes on the basic structure of account transactions, detailed statement (B) and number of days;

1. Article 19(1)1, Article 3(1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereafter referred to as "non-registered credit business"), and Article 19(2)3, and Article 11 of the same Act, including the corresponding Act on criminal facts.