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(영문) 청주지방법원 2013.04.24 2012고단2566

대부업등의등록및금융이용자보호에관한법률위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person who intends to run a credit business without registration shall file for registration with the competent administrative agency;

Nevertheless, from December 2007 to April 2012, the Defendant engaged in credit business 59 times, such as lending 1 million won to 59 persons, such as debtor D, without registering credit business to the competent authorities, and borrowing 60 million won to 59 persons, such as debtor D, and receiving interest.

2. Around April 2008, the Defendant violated the interest rate limitation on 30% (49% per annum from October 4, 2007 to January 20, 2009) by entering into an agreement with the debtor D to receive 10% interest per annum from March 2008 to April 2012, the Defendant violated the interest rate limitation on 44 times as shown in the attached Table of Crimes, even though the unregistered credit service provider could not receive more than 3 million won per annum (49% per annum from October 4, 2007 to January 20, 2009).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on E, F, G, H, I, J, K, L, M, N,O, P, and Q;

1. AR statement;

1. Each protocol of seizure;

1. Application of Acts and subordinate statutes on transaction of passbooks;

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, Article 19 (2) 2, Articles 11 and 8 (1) of the former Act on the Registration of Credit Business and Protection of Finance Users (amended by Act No. 9344 of Jan. 21, 2009), Articles 19 (2) 2, 11, and 8 (1) of the former Act on the Registration of Credit Business and Protection of Finance Users (amended by Act No. 9344 of Jan. 21, 2009), Articles 19 (2) 3 and 11 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, Article 2 (1) of the Interest Limitation Act (the receipt of interest in violation of the restriction on interest rates,

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

1. Article 62 of the Criminal Act: