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(영문) 서울북부지방법원 2019.08.30 2019고단209

대부업등의등록및금융이용자보호에관한법률위반

Text

A defendant shall be punished by imprisonment for not more than ten 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

Any person who intends to engage in credit business shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business, and no unregistered credit service provider shall lend a loan at a rate exceeding 25% per annum.

Nevertheless, on June 2017, the Defendant, without registering a credit business as a patrolman, had been willing to engage in the credit business by receiving 3% of the loan amount from Internet loan broker C and D as fees on the second floor of Songpa-gu Seoul Metropolitan Government, subject to the payment of 3% of the loan amount from Internet loan broker C and D as fees.

From F operated by E on July 12, 2017, the Defendant agreed to lend KRW 25,00,000,000 per day to E in the number of days and received interest of KRW 136.2% per annum for 100 days, as well as from June 12, 2017 to September 11, 2017, the Defendant loaned KRW 190,000,000 for a total amount of 11 times during the period from June 12, 2017 to September 11, 2017, and received interest exceeding the statutory interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police interrogation protocol on G, C, or D;

1. A detailed statement of transactions of subscription and withdrawal, a statement of details of lending loans, and a copy of savings bank lending advertisement;

1. Details of loan introduction, and application for loan (debtor: E) copy of the relevant statute;

1. Article 19 (1) 1 and Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts and Article 19 (1) 1 of the Act on the Registration of Unregistered Credit Business, etc. and Protection of Finance Users (referring to the occupation of running a credit business without registration), Articles 19 (2) 3 and 11 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users (referring to the occupation of receiving excessive

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

1. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act are as follows.