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(영문) 대구지방법원 상주지원 2014.04.22 2013고단503

대부업등의등록및금융이용자보호에관한법률위반

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A defendant shall be punished by imprisonment for six months.

except that 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. Although a person who intends to operate a unregistered credit business is registered with the Mayor having jurisdiction over the pertinent place of business, the Defendant provided a credit business to many and unspecified persons, such as lending KRW 3 million to B without registering with the competent Mayor from around 2008 to March 2013.

2. No loan may exceed the interest rate determined by statutes, if any unregistered credit service provider lends a loan to him/her;

Around December 21, 2009, the Defendant loaned KRW 3 million to B to the debtor, and agreed to receive interest rate of KRW 36% per annum on condition that 3,90,000 won shall be paid after 30 days thereafter, and the Defendant violated the interest rate limit on a total of two occasions from around that time to October 25, 2010, as set forth in attached Table A A.

B. On December 3, 2010, the Defendant lent KRW 5 million to E at a D restaurant located in Seodaemun-si, and actually paid KRW 4,50,000 to KRW 6,50,000 per annum 313.5% per annum on the condition that the principal and interest of KRW 65,00 per day shall be repaid for 100 days, and the Defendant violated the limitation on interest rate over 47 times in total from around that time to March 8, 2013, as described in Annex A List of Crimes A.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each detailed statement of borrowing;

1. Application of Acts and subordinate statutes on account transactions;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act provides that the criminal defendant is the first offender, which leads to this case.