beta
(영문) 의정부지방법원 고양지원 2019.08.09 2019고단715

대부업등의등록및금융이용자보호에관한법률위반등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Nos. 1 through 8, 10 through 22, which have been seized by the defendant.

Reasons

Punishment of the crime

From September 2017, the Defendant is a person who engages in credit business under B apartment C at the time of Pakistan.

1. A person who intends to engage in credit business in violation of the Act on the Registration of Credit Business, etc. and the Protection of Financial Users shall register his/her business office with the administrative agency having jurisdiction over the relevant business office, and if an unregistered business entity lends a loan, he/she shall not receive interest exceeding 24% per annum (25% per annum before February 8, 2018) which is a statutory interest rate;

Nevertheless, on November 22, 2017, the Defendant loaned KRW 100,000 to D without registering credit business to competent authorities, deducted KRW 100,000 as interest, and the date of repayment was set at 40 days and entered in the first bill of indictment 31 days. However, although the circulation of the modified bill of indictment changed to 31 days, the Defendant modified the charges by reflecting it.

During the period of September 1, 2017 to November 14, 2018, a sum of KRW 574 million was loaned from September 1, 2017 to KRW 234,000,000 in total, as shown in the list of crimes, and received interest exceeding the statutory interest rate of the unregistered credit service provider.

2. Any person who violates the Act on the Regulation and Punishment of Criminal Proceeds Concealment shall not disguise the acquisition of criminal proceeds;

In the course of committing a crime of receiving interest exceeding the statutory interest rate applicable to unregistered credit service providers, by lending KRW 1 million to D, without being registered with the competent authority on November 22, 2017, as described in paragraph (1), the Defendant, in order to make it difficult to track or find out the above funds, received e-mail cards and passwords connected to the E-bank account in the name of D from September 1, 2017 to November 14, 2018, and transferred money to the said account by the same method, exceeding the limited interest over 234 times in total, such as the list of crimes in the attached list.