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(영문) 청주지방법원 충주지원 2013.10.11 2012고단787

대부업등의등록및금융이용자보호에관한법률위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Any person who intends to operate a unregistered credit business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor who has jurisdiction over each business

Nevertheless, on March 2012, the Defendant, without registering a credit business, lent KRW 1.5 million to D at “C cafeteria” located in Haju-si B, Chungcheongnam-si, and run a credit business by lending KRW 1.5 million to 7 persons in total as shown in the separate crime list from around that time to May 22, 2012.

2. No loan may be paid at an interest rate exceeding 30% per annum by an unregistered credit service provider that violates the interest rate limitation;

Nevertheless, the Defendant, at the date and place specified in Paragraph 1, lent KRW 1.5 million to D at the time and place, and collected KRW 110,000,000,000, and agreed to pay KRW 30,000 per day for 65 days each day, thereby having received interest rate of KRW 39.58% per annum, and violated the interest rate limitation by receiving interest rate of KRW 368.33 through 451.06% per annum from 7 persons as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Each written confirmation;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 19 (1) 1 and Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 19 (2) 3 and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, including applicable laws to facts constituting an offense and punishment; and

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders committed the instant crime even if the Defendant had committed two identical offenses, and the act of receiving interest exceeding the aforementioned unregistered credit business and the limited interest rate would hinder the sound development of credit business and cause many financial users.