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(영문) 광주지방법원 순천지원 2018.01.12 2017고단976

대부업의등록및금융이용자보호에관한법률위반등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall exceed 25% per annum on the maximum interest rate under a contract for lending and borrowing of money.

Nevertheless, the Defendant lent KRW 10 million to C around April 26, 2013, and received annual interest of KRW 10,300,000,000 including interest around May 16, 2013, and received the highest interest rate exceeding 25% per annum and received the highest interest rate exceeding 52% per annum, and received the highest interest rate from November 5, 2014 to November 5, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on account transactions conducted by D, E, or A;

1. Relevant Articles 8 and 2 (1) of the Act on the Limitation of Interest on the Election of Criminal Offenders, Articles 8 and 2 of the same Act and the choice of imprisonment;

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 reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that it is not good that the defendant received interest at a high rate by violating the Act on the Restriction of Interest when he/she holds the status of a police officer.

On the other hand, the amount of interest acquired by the defendant is not significant, the defendant has no previous convictions against the defendant, the dismissal of the defendant from office as a police officer due to the instant case, and other circumstances shown in the pleadings of the instant case, including the defendant's age, sex, family relationship, environment, circumstances and results of the crime, etc., shall be comprehensively taken into account, and the punishment as ordered shall be determined.

The acquittal portion (main facts charged)

1. Summary of the facts charged

(a) Any person who intends to engage in a loan business of providing or receiving money, shall register his/her branch office with the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, or Special Self-Governing Province having jurisdiction over the relevant place of business;

Nevertheless, the Defendant, without registering the loan business, lent KRW 10 million to C around April 26, 2013 without registering the loan business, and the same year.

5. 16.1,00,000 won and paid 52% interest per annum.