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(영문) 대구지방법원 서부지원 2016.12.22 2016고단1891

대부업등의등록및금융이용자보호에관한법률위반

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person who intends to operate an unregistered credit business shall register with the administrative agency having jurisdiction over the relevant place of business by his/her office;

Nevertheless, the Defendant, without registering with the competent authority on September 13, 2015, entered into a loan agreement with C to the effect that “2 million won is repaid 2.2 million won after September 13, 2015.” On September 13, 2015, the Defendant was running credit business by lending 2.2 million won from September 13, 2015 to April 2016, as shown in the attached list of crimes.

2. Where a credit service provider, etc. that has not received or overpaid interest, lends a loan to an individual, the interest rate shall not exceed 25% per annum;

Nevertheless, the defendant extended a loan to an individual as above, and received an average of 313.6% interest per annum, such as the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Each investigation report (No. 5, 7, 11 No. 5 of evidence records);

1. Application of Acts and subordinate statutes on financial transactions;

1. Article 19 (1) 1, Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts and Article 19 (1) 1, Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users (including the occupation of running unregistered credit business), Article 19 (2) 3, and Article 11 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users (the occupation of receiving interest exceeding

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Regulation and punishment of criminal proceeds Concealment, etc.;