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(영문) 서울동부지방법원 2017.05.19 2017고단742

대부업등의등록및금융이용자보호에관한법률위반

Text

A defendant shall be punished by imprisonment for six 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. The Defendant did not register his/her loan business, and around May 7, 2016, lent a gold of KRW 30,000 to D at an interest rate of KRW 20,000,000, which is the interest rate of KRW 60,000, which is the seven-day interest rate, to the above D, and delivered a gold of KRW 240,000, which is the interest rate of KRW 60,000, which is the interest rate for the seven-day interest, to the above D, and received KRW 30,000,00, which is the principal of the loan under the name of the loan after the seven-day interest period, and as described in the attached list of crimes, from around that time to October 29, 2016, loaned a loan business to many and unspecified persons by reporting the Defendant’s loan business advertisement at the same place from the same time by the same method.

2. In lending money as stated in the list of crimes in the separate sheet, the Defendant either received an amount equivalent to 20% of the principal of loans under the name of 7 days after deducting 20% of the principal of loans under the name of 7 days from the interest rate, or received interest exceeding the limit on each interest rate by receiving an additional interest rate of 20% of the principal under the said name separately from repayment of principal.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Requests to verify whether loan business is registered;

1. Each investigation report;

1. Application of the police seizure protocol statutes;

1. Article 19 subparag. 1 and Article 3 subparag. 1 of the Act on the Registration of Relevant Legal Loan Business, etc. for Criminal Facts and Protection of Financial Users (in combination, the point of running the unregistered loan business); Articles 19 subparag. 3 and 11(1) (in combination, the point of exceeding the restricted interest rate) of the Act on the Protection of Financial Users; and the choice of imprisonment, respectively;

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. The sentence of imprisonment is to be imposed again as a result of a crime committed in spite of a previous conviction of a fine of the same kind on the grounds of sentencing under Article 62(1) of the Criminal Act; however, considering the fact that the total amount of the loans is not large; and that it seriously reflects the fact, the enforcement of the sentence shall be suspended