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(영문) 수원지방법원 안양지원 2015.04.10 2015고단102

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person who intends to engage in credit business in violation of the Act on Registration of Credit Business, etc. and Protection of Finance Users due to unregistered credit business shall register with the Special Metropolitan City Mayor, etc. having jurisdiction over the relevant place of

Nevertheless, on February 13, 2013, the Defendant, without registering with the competent authority, agreed to lend KRW 1.5 million to E, while operating a mutually financed enterprise called “D” as “D”, and paid KRW 1.26 million after deducting fees and advance payment amount.

In addition, the Defendant loaned a total of KRW 97,065,00,000,00 from the above lending company to the competent authority, without registering from that time until July 22, 2014, as shown in the separate list of crimes, to a total of 686 times.

2. The Defendant, in violation of the Act on Registration of Credit Business, etc. and Protection of Finance Users following the breach of interest rates, is a person operating an unregistered loan company under the trade name of the aforementioned “D.”

Where an unregistered credit service provider engages in credit business, it shall not receive interest exceeding 30% per annum (25% per annum from July 15, 2014).

Nevertheless, around February 13, 2013, the Defendant agreed to lend KRW 1.5 million to the above E, as described in paragraph (1), and agreed to pay KRW 1.26 million after deducting fees and advance payment, and agreed to receive interest on KRW 2.10,000 per week, thereby having to pay KRW 358.6% per annum.

In addition, the Defendant received interest from that time until July 22, 2014, in total, 686 times from the lending company in violation of the above interest rate limit, such as the statement in the list of crimes in the attached Form 1.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. A detailed statement of passbook;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 19 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and the Selection of Punishment;