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(영문) 부산지방법원 2015.05.13 2015고단1359

대부업등의등록및금융이용자보호에관한법률위반

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Any person who intends to engage in credit business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor or Special Self-Governing Province Governor having jurisdiction over the relevant place of business, and where unregistered credit service providers lend loans, the

Nevertheless, the Defendant loaned KRW 3 million to C without registering with the competent authority at the Defendant’s house located in Chuncheon City around January 4, 2012, and entered into a loan agreement, the Defendant extended KRW 2,80,000,000 to C under the pretext of prior interest and fee, and loaned KRW 4,00,000 (34.12% per annum) for a total of KRW 80,000 for 80,000 per day on condition that 50,000,000 (34.12% per annum) shall be paid for 22 times from around that time to January 2013 as shown in the separate crime list.

Accordingly, the Defendant run a credit business without registering with the competent authorities, and received interest in violation of the interest rate limit.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of each police statement made to D, E, C, F, G, and H;

1. A copy of each deposit passbook, D details of passbook, and suspicion of credit business among the details of passbook transactions, E account (A remittance details), each transaction statement, list of ordinary deposits transaction, and telephone statement;

1. Application of each investigation report (with respect to the rate of interest on the money lent by D to A, verification as to whether a loan company is registered with A, calculation of interest rates on the money lent by E to C, calculation of the victim C interest rate, F interest rate calculation, calculation of the victim G interest rate, calculation of the victim H interest rate, calculation of the victim H interest rate, calculation of the counterpart telephone investigation and loan interest rate, calculation of the counterpart telephone investigation and loan interest rate for the victim of credit business, calculation of the loan interest rate for five lending days including

1. The pertinent Article of the Criminal Act and the former Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts, before being amended by Act No. 11544, Dec. 11, 2012.