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(영문) 의정부지방법원 고양지원 2015.11.05 2015고단2087

대부업등의등록및금융이용자보호에관한법률위반등

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on the Registration of Credit Business, etc. and the Protection of Financial Users, without registering with the Do governor having jurisdiction over the business in question at D offices located in C from around 2011 when the business is in strike,

(a) around August 23, 2013: (a) around 2013, lent KRW 3 million to E and deliver 2.7 million remaining after deducting KRW 300,000 as interest; and (b) receive interest at a rate of 133.33% per annum on the condition that 300,000 won as interest shall be repaid at 10,000 per month;

B. Around January 7, 2015, F lent KRW 3 million to F, and delivered KRW 2.7 million remaining after deducting KRW 300,000 as interest, and leased KRW 300,000 per annum on condition that 300,000 as interest shall be repaid at KRW 10,000 per month, with interest rate of KRW 133.33% per annum.

Accordingly, the Defendant, while running a unregistered credit business, received interest exceeding the maximum of 30% limit interest rate stipulated in the Interest Limitation Act.

2. No person who violates the Electronic Financial Transactions Act shall transfer or acquire a password, user number, etc. registered with a financial institution or an electronic financial institution or establish a pledge, necessary for the use of the cash card or cash card which is an access medium for electronic financial transactions;

In order to lend money to E and F and to receive the interest therefrom, the Defendant acquired the physical card and password connected to one bank account (G) in F’s name, and the card and password connected to E’s corporate bank account (H) in electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of the Acts and subordinate statutes of a duplicate of passbook, interest calculation table, and specification of transactions by account;

1. Article 19(1)1 and Article 3 of the Act on the Registration of Relevant Law, Credit Business, etc. and Protection, etc. of Finance Users concerning criminal facts, Articles 19(2)3 and 11(1) of the same Act, and Articles 49(4)1 and 6 of the same Act, respectively.