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(영문) 의정부지방법원 고양지원 2015.10.22 2015고단2181

대부업등의등록및금융이용자보호에관한법률위반

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A defendant shall be punished by imprisonment for one year.

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

The Defendant is a person who engages in credit business in the name of "D" in accordance with the name of "D," under Article 102 of the Yongsan-gu Seoul Building 102.

Any person who intends to engage in credit business shall register with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor having jurisdiction over the relevant place of business for each place of business, and shall not receive interest exceeding the interest rate under the Interest Limitation Act (30%

Nevertheless, around December 14, 2012, the Defendant: (a) lent KRW 25 million to victims E without registering a credit business with the competent authority; (b) was determined to be paid interest of KRW 3 million on a 15-day basis; (c) the Defendant paid KRW 12.5 million on a 64-day basis as principal and interest basis for KRW 1.58 million on a 64-day basis; and (d) paid KRW 171.4 million on a 64-day basis as principal and interest basis in F’s corporate bank account (Account Number: G) and the bank account in the name of E (Account Number: H) and received interest of KRW 288% per annum from December 31, 2011 to March 31, 2015; and (e) received interest of KRW 325% per annum from the victims on a 38-day basis as stated in attached Table 325% per annum.

Accordingly, the Defendant was paid interest exceeding the statutory interest rate while running a unregistered credit business.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E and I;

1. Investigation report (to attach photographs of seized articles, photographs of promissory notes, appending receipts for deposits without passbooks, appending register of credit business in J, and sign language investigation of victims);

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to the check of the number of shares, a copy of the passbook of our bank, and a transfer result inquiry;

1. Article 19 (1) 1 and Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts, Article 19 (2) 3 and Article 11 of the Act on Registration of Credit Business, etc. and Protection of Finance Users.