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(영문) 창원지방법원 통영지원 2014.04.24 2013고단1011

대부업등의등록및금융이용자보호에관한법률위반

Text

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. Where an unregistered credit service provider that received interest in excess of the rate of restriction loans, he/she shall not receive interest exceeding the rate of 30% per annum;

On April 4, 2012, the Defendant loaned KRW 950,000,000,000,000,000,000,000 to C, on condition that C shall be repaid 50,000,000,000,000 per month from the date and time to the date of full payment, and violated the limitation on the interest rate, respectively, from the above date and time to March 4, 2013, as indicated in the list of crimes, to the rate exceeding 30% per annum, 8,695,00 per annum, as shown in the list of crimes.

2. Any person who intends to operate a unregistered credit business shall file for registration with the competent authority having jurisdiction over the relevant place of business by each place of business.

The Defendant, from April 4, 2012 to March 4, 2013, operated a credit business without registering it with the competent authority at the common sea area as above.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, D, and E;

1. Detailed statement of transactions in each passbook and detailed statement of transactions;

1. Application of the Acts and subordinate statutes on text messages;

1. Article 19(2)3 and Article 11(1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users (Amended by Act No. 11544, Dec. 11, 2012; hereinafter the same shall apply) regarding criminal facts and Articles 19(2)3 and 11(1)1 and 3 of the former Act on the Registration of Credit Business, etc. and Protection of Finance Users (Amended by Act No. 11544, Dec. 11, 2012; hereinafter the same shall apply);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes against punishment stipulated in the Act on Registration of Credit Business, etc. due to running a credit business with heavy registration, and Protection of Financial Users);

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the criminal defendant reflects his/her wrong and has not committed any criminal offense other than twice the fine);