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(영문) 대구지방법원 2017.11.23 2017고단4936

대부업등의등록및금융이용자보호에관한법률위반등

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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 became final and conclusive.

Reasons

Punishment of the crime

1. On December 26, 2016, the Defendant violated the Act on the Registration of Loan Business, etc. and the Protection of Financial Users: (a) made a loan contract with B on the underground parking lot of a natural T& apartment site located in Singu-ro 78 (78), and paid 2,640,000 won after deducting the prior interest, etc.; (b) made a loan by means of repayment for 64 days in 60,000 won a day; and (c) received interest at the rate of 452.5% per annum from around that time to April 21, 2017; and (d) lent money to B three times in total as indicated in the attached crime list; and (e) received interest at the rate of 452.5% per annum.

2. No person who violates the Electronic Financial Transactions Act shall borrow any access medium for the purpose of using it for any crime;

Nevertheless, in the course of lending money to B as stated in paragraph 1 at the time and place, the Defendant received the check card from B, which is linked to the Nong Bank account (Account Number:D) in the name of B, for the purpose of using the loan when collecting the loan.

As a result, the Defendant was leased access media for the purpose of using it for crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A report on internal investigation (in cases of attaching account details) and an investigation report (in cases of a witness B, the details of transfer, etc. of the check card);

1. Details of each transaction, the application of Acts and subordinate statutes governing physical cards and photographs;

1. Relevant Article 19(2)3 and Article 11(1) of the Act on the Protection of Financial Users and Registration of Preliminary Loan Business, etc. for Criminal Facts, Articles 49(4)2 and 6(3)3 of the Electronic Financial Transactions Act (a) of the Act on the Protection of Financial Users, and the Selection of Imprisonment with prison labor;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] lending business, and violation of the Acts;