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(영문) 수원지방법원 2018.09.18 2018고단3146

대부업등의등록및금융이용자보호에관한법률위반

Text

A defendant shall be punished by imprisonment for six months and by a fine of five thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who operates a loan business with the trade name "D Loan (Registration Number: E)" in C and 1513 at the time of harmony.

If a credit service provider grants an individual loan, the interest rate shall not exceed 27.9/100 per annum.

Nevertheless, on July 15, 2016, the Defendant provided loan of KRW 1.620,000 to the loan applicant G and KRW 1.620,000,000,000 after deducting KRW 3.80,000,000 per day, and agreed to receive KRW 2.120,000 per day for 53 days (382.8% per annum) and received principal and interest pursuant to the agreement (382.8% per day). From April 27, 2016 to September 29, 2017, the Defendant was paid interest exceeding the limited interest rate by lending the total amount of KRW 76 million to nine debtors over 24 times in total, as indicated in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Application of Acts and subordinate statutes to the details of transactions in the account of one bank in the name of G, details of transactions in the account of H, registration certificate of loan business, each loan account book, calculation of interest rate for the number of days, and investigation report (report on the withdrawal of interest rates

1. Relevant Articles 19 (2) 3 and 8 of the Act on the Registration of Business of Free Loan, etc. and Protection of Financial Users concerning facts constituting an offense (Concurrent imprisonment with prison labor and fines pursuant to Article 19 (3) of the same Act);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) and (2) of the Criminal Act on the suspension of execution;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order / [the scope of recommendations] The reason for sentencing under Article 334(1) of the Loan Business Act / Loan Business Act / Loan Business Violation / Loan Business Act / Loan Business Violation / Loan Business Act / The scope of final sentencing due to the increase of multiple offenses in basic areas (from April to October) : The Defendant, a credit service provider, is the debtor.