beta
(영문) 대구지방법원 안동지원 2014.12.12 2014고단839

대부업등의등록및금융이용자보호에관한법률위반

Text

A defendant shall be punished by imprisonment for four 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. The Defendant running a credit business without registration, from January 26, 2010 to May 10, 2013, offered loans of KRW 7,485,00 to B five times in total, as indicated in the separate crime list, without registering with the competent Do Governor at Ansan-siwon from May 10, 2013.

2. Around January 26, 2010, the Defendant: (a) lent KRW 30 million to B at the “E” coffee shop located in Ansan-si, Andong-si; and (b) paid KRW 2,870,000,000,000,000 for the interest; (c) on the condition that 1.2 million won per month is paid, the Defendant violated the restriction on the interest rate by receiving interest at the rate of KRW 50.17% per annum from February 27, 2010 to March 29, 201.

In addition, from around that time to February 22, 2013, the Defendant extended a total of KRW 7,485,00,000 to five times as shown in the annexed crime list, and received interest exceeding the limited interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to each investigation report (No. 5 and 6 No. 5 of the evidence list);

1. Article 19 (1) 1, 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, Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users (hereafter referred to as “unregistered credit business,” collectively), Article 19 (2) 3, and Article 11 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users (hereafter

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

1. Taking into account such factors as the period during which the defendant engages in unregistered credit business with reason for sentencing under Article 62(1) of the Criminal Act, the scale of the transaction, the fact that the defendant was engaged in illegal business in the past, the fact that the defendant led to confession and reflect attitude, and the defendant returned excess interest income.