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(영문) 대구지방법원 김천지원 2013.06.26 2012고단1151

대부업등의등록및금융이용자보호에관한법률위반

Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person (excluding credit financial institutions) who intends to run a credit business or loan brokerage business (hereinafter referred to as "credit business or loan brokerage business") for each place of business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor"), who has jurisdiction over the place of

Nevertheless, on February 9, 2008, the Defendant, without registering a credit business, lent KRW 3,00,000 to D, and operated a credit business by means of lending a total of KRW 31,00,000,000 over 57 times from the above date and time to May 25, 2012, as shown in attached Table 1.

2. Where an unregistered credit service provider lends a loan exceeding the interest rate limit, he/she shall not receive interest exceeding 30 percent per annum;

Nevertheless, on February 9, 2008, the Defendant loaned KRW 3,00,000 to D and agreed to receive interest of KRW 300,000 per annum by requiring D to repay interest of KRW 300,000 per annum, and received interest, as well as received interest, from the date and time to May 25, 2012, the Defendant violated the restrictions on each interest rate of 26 times in total as shown in attached Table 2.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, F, G, H, I, J, K, L, and M;

1. Each internal investigation report (the confirmation of the opening site, the details of passbook submitted by the informant, the attachment of individual details on accounts A, the submission of a telephone report on N, and L's detailed statement of transactions);

1. Records of seizure and the list of seizure;

1. Each investigation report ( telephone conversations with the defendant, etc.) (the site photographs of the seizure site and copies of evidence borrowed from seizure;

1. Details of transactions of accounts in the name of the Daegu Bank;

1. A copy of an application for transaction, and details of the account in Defendant’s name;

1. A details of transactions;

1. Details of individual deposits and withdrawals;

1. Account transactions in L/P name;