대부업등의등록및금융이용자보호에관한법률위반
A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person who runs a loan business under the trade name of “E” in the former North Korea-gun D.
Where a credit service provider registered lends a loan to an individual or a small corporation, the interest rate shall not exceed 34.9% per annum from April 2, 2014 to March 2, 2016, and 27.9% per annum from March 3, 2016.
Nevertheless, on April 30, 2015, the Defendant loaned KRW 300 million to G, at the office of certified judicial scrivener F in front of the Jeonju District Court located in the Jeonju District Court located in the Jeonju City, and received interest at the rate of 120% per annum exceeding the statutory limit rate by deducting the amount of KRW 30 million from the advance interest and KRW 30 million.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the prosecution with regard to H;
1. Statement of the police statement related to G;
1. Application of Acts and subordinate statutes to each information on financial transactions, such as the indication of loan bonds, change of payment, indication of reserve funds for repayment, detailed statement of transactions, etc., copies of pen notes, certificates of full registration, performance notes, written statements of registration, loan business registration, certificate of loan business registration, certificate of loan, process deed,
1. Article 19 (2) 3 and Article 8 (1) of the Act on the Protection of Financial Users, Registration of Relevant legal provisions and selective loan business, etc. for criminal facts, and Selection of imprisonment with prison labor;
1. Grounds for sentencing under Article 62(1) of the Criminal Act ( considered favorable circumstances among the following grounds for sentencing)
1. Scope of applicable sentences under law: Imprisonment with labor for one month to three years;
2. The scope of the recommended punishment on the sentencing guidelines [the types of decisions] the scope of the recommended punishment [the scope of the recommended punishment] [the scope of the recommended punishment] - April 1 to 10 months in the basic field of the lending business that violates the law in the lending business (such as violation of the restriction on interest rates, violation of the restriction on interest rates, receipt of brokerage commission, etc.] (the person subject to special sentencing].
3. In this case, when considering the degree of excess of the loan amount or the limited interest rate due to the Defendant’s lending of 300 million won to the obligor in excess of the limited interest rate, etc., the Defendant’s facts charged in the instant case are deemed to be disadvantageous to the Defendant.