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(영문) 서울서부지방법원 2013.09.24 2013고단1536

대부업등의등록및금융이용자보호에관한법률위반등

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A defendant shall be punished by imprisonment for six 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. A person who intends to engage in credit business in violation of the Registration of Credit Business, etc. and Protection of Financial Users Act shall register with the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors or Special Self-Governing Province Governors having jurisdiction over the relevant place of business, and, if unregistered credit service providers, etc. lend a loan, the interest

Nevertheless, on November 8, 2012, the Defendant: (a) lent KRW 5 million to B at a restaurant near the peace market; (b) agreed to receive repayment of KRW 50,000 per day in the manner of receiving the principal amount of KRW 50,000 and interest of KRW 15,000 per day; (c) up to December 24, 201, the Defendant received KRW 1.3 million and interest of KRW 1,690,000 per day (average interest rate of KRW 91 per annum); and (d) around December 13, 2012, the Defendant loaned KRW 2 million to the said B, while engaging in unregistered credit business, such as entering into an agreement to receive reimbursement under the said conditions, and received interest exceeding the statutory interest rate.

2. The Defendant in breach of trust, from around September 10, 2012 to around December 10, 2012, operated a fraternity of nine members, 20 million won in total, and 16 units in unit of Gu. On September 10, 2012, the Defendant subscribed to one unit (1350,000 won in monthly deposit) in the above number fraternity, and was issued four times from the victim (50,000 won in monthly deposit deposit) up to December 2 of the same year from around November of the same year.

Accordingly, the Defendant received the payment from the members of the fraternity, including the victim, around January 10, 2013, so even though there was a duty to pay KRW 20 million to the victim who received the payment of the fraternity, the Defendant violated his duty to pay the fraternity money to the victim, and thereby, paid the above fraternity money to the victim to the other causes C without paying the said fraternity money to the victim, thereby allowing the victim to obtain pecuniary benefits equivalent to the said amount, and causing property damage equivalent to the said amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. B Legal statement;

1. B.