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(영문) 광주지방법원 2013.08.01 2012고정1453

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 14, 2012, the Defendant was sentenced to a suspended sentence of ten months for violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Gwangju District Court on September 14, 2012, and the judgment became final and conclusive on September 22, 2012.

The Defendant knew the fact that D introduced through E-gu C intends to continue to engage in credit business even though the registration of credit business was revoked, and, from February 201, D had from around February 201, instructed D to manage loan funds, loan and collect money, etc., and the Defendant was willing to provide consultation, loan and collect money according to D’s instructions.

The Defendant, in collusion with D, lent KRW 1,00,000 for loans provided by D and collected KRW 1,20,000 each day, including principal and interest, for 60 days, in total, KRW 1,200,000 per day, and received an amount equivalent to 122% exceeding the statutory interest rate, as interest, from that time, without registering until March 14, 2012. The Defendant engaged in credit business without registering until March 14, 2012. The Defendant received interest from four persons exceeding the statutory interest rate as set forth below.

The summary of the evidence of KRW 150,000,000 per annum 60,000 per annum 1,000 E/ 60,000 of the daily repayment of loans subject to loans on a yearly basis, on September 21, 201, 201, KRW 72,50,000 per 72,000,000 KRW 3,000 on January 21, 2012, and KRW 3,01,000 on February 27, 2012, KRW 60,000 KRW 122% per 60,000 on March 14, 2012. KRW 150,000 per annum 80,000,000.

1. Defendant's legal statement;

1. Partial statement of witness D;

1. A copy of each loan data and a copy of the settlement of accounts;

1. A report on investigation (79 pages of investigation records);

1. Previous convictions in judgment: Application of statutes, such as criminal records and written judgments;

1. Article 19(1)1 and Article 3(1) of the Act on the Registration of Specific Crimes and the Protection of Finance Users and the Registration of Credit Business, etc. and Punishment Selection of Punishment, Article 30 of the Criminal Act (generally known to the point of a credit business without registration, selection of fines), Articles 19(2)3 and 11(1) of the Act on Registration of Credit Business and Protection of Finance Users, and Article 2(1) of the Interest Limitation Act.