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(영문) 수원지방법원 여주지원 2013.05.31 2013고단40

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 a business of lending money shall register with the Mayor/Do Governor having jurisdiction over the place of business, and where an unregistered credit service provider lends money, he/she shall not lend money in excess of the interest rate of 30% per annum.

Nevertheless, on July 14, 201, the Defendant did not register a credit business, and loaned 2,00,000,000 won by calculating interest at 136.2% per annum exceeding 30% per annum, the interest rate of which is limited to C, at the location of the house located in Echeon-si, Gyeonggi-do., and thereafter, from around that time to December 3, 201, the Defendant operated unregistered credit business over a total of six times as shown in the separate crime list, and loaned more than the interest rate limit.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the provisions of Acts and subordinate statutes on account transactions, loan certificates copies, and promissory notes copies;

1. Article 19(1)1 and Article 3 of the Act on the Registration of Credit Business, etc. and Protection of Finance Users (amended by Act No. 11544, Dec. 11, 2012; hereinafter the same shall apply), Articles 19(2)3 and 11(1) of the former Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts, and Articles 19(1)1 and 3 of the former Registration of Credit Business, etc. and Protection of Finance Users (amended by Act No. 11544, Dec. 11, 2012; hereinafter the same shall apply)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (a heavier punishment for concurrent crimes in violation of the Act on Registration of Credit Business, etc. due to unregistered credit business and Protection of Financial Users);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (including the fact that there is no criminal history for the defendant with the same kind of crime, and the amount of unregistered loan is not relatively high) or more;