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(영문) 의정부지방법원 2017.07.11 2017고단566

대부업등의등록및금융이용자보호에관한법률위반

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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is a person who operates a business office without registration under B lending No. 402 at the Government of Gyeonggi-si.

1. On June 16, 2015, the Defendant, without registering a loan business, lent KRW 50,000 to the Government-Si of Gyeonggi-do on a non-registration basis, lent KRW 950,00 to the victim C 9,00 per annum 292.12% per annum for more than 60 days after receiving KRW 20,000 per annum for more than 292.12% per annum. From that time to August 19, 2016, the Defendant borrowed the sum of KRW 485,175,000 per annum and received interest at average of KRW 385.18% per annum from that time by 232 as indicated in the list of crimes in the attached Table.

Accordingly, the Defendant did not register the lending business, and received interest exceeding the legal interest rate.

2. An advertisement for a loan business without registration is run by the Defendant, without registration, on July 2015 to August 2016, 2015, at the Government-Si/Mancheon-si, Seoul, and Nowon-gu, Jungcheon-gu, Seoul, and at the name-based leaflet, “the licensed company is aware of and write off;

10,000,000 won was stated and distributed in 10,000 won, including “reduction of interest at early repayment”.

Accordingly, the Defendant did not register the lending business and advertised the lending business.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect with regard to D, or the protocol concerning the examination of suspect to E;

1. A residence of the victim and his/her photograph;

1. Application of the police seizure protocol statutes;

1. Article 19(1)1 and Article 3(1) of the Act on the Registration of Terms and Conditions of Loan Business, etc., and Protection of Financial Users for criminal facts, registration of loan business, etc., and Articles 19(2)3 and 11(1) of the Act on the Protection of Financial Users, registration of loan business, etc., and registration of loan business, etc., and Article 19(1)3 and 9-2 of the Act on the Protection of Financial Users.