beta
(영문) 부산지방법원 2014.01.08 2012고단9310

대부업등의등록및금융이용자보호에관한법률위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Although a person wishing to run a credit business without registration must register the credit business with the competent authority, the Defendant, without registration of the credit business, lent KRW 8.5 million to G at the “F office located in Busan Northern-gu, Busan, on August 4, 2009, on the condition of 8% (year 9.6%) per annum.

From that time to November 11, 2010, the Defendant engaged in credit business without being registered with the competent authority over a total of 12 occasions, such as the list of crimes in the attached list of crimes.

2. In the event that an unregistered credit service provider, whose interest exceeds the interest rate, could not receive interest exceeding 30% per annum, which is a limitation under the Interest Limitation Act, in the event that the unregistered credit service provider lends a loan to G, the Defendant, as stated in the foregoing paragraph 1 of August 4, 2009, received an annual interest rate of 96% by lending KRW 8.5 million to G.

In addition, the Defendant loaned money more than 12 times in total from around that time to November 1, 2010, as shown in the attached list of crimes, and received interest exceeding the limited interest rate.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A suspect interrogation protocol of H by the prosecution;

1. Statement of the police officer to I;

1. Application of documents, receipts, official receipts, details of deposit transactions, and Acts and subordinate statutes concerning details of deposit/trust transactions, including a certified copy of the register;

1. Article 19 (1) 1, Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Financial Users concerning the facts constituting the crime, Article 19 (2) 3, and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Financial Users (a point of exceeding the ratio of restriction);

1. Selection of each sentence of imprisonment;

1. It is so decided as per Disposition for the reasons under the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes;