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(영문) 대전지방법원 천안지원 2019.01.25 2018고단1462

대부업등의등록및금융이용자보호에관한법률위반등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Any person who intends to engage in credit business in violation of the Registration of Credit Business, etc. and Protection of Financial Users Act shall register with the competent administrative agency, and when any unregistered credit service provider lends a loan, the interest rate shall not exceed 25 percent per annum;

Nevertheless, on June 5, 2017, the defendant did not register a credit business with the competent authority, and around 2,70,000 won, from the house of Dongdaemun-gu Seoul Metropolitan Government, D lending 3 million won to D, deducting 300,000 won as prior interest and 300,000 won per week, and paid 2,70,000 won as a condition that D lend 3 million won to D at the same place on July 12, 2017, deducting 30,000 won as prior interest and 300,000 won per week, and received interest exceeding 2,70,000 won per annum.

2. In using and managing the means of access, no person who violates the Electronic Financial Transactions Act shall borrow or lend the means of access or keep, deliver or distribute the means of access with the knowledge that the means of access is to be used for any crime or to be used for any crime unless otherwise provided for in other Acts

Nevertheless, around March 2017, the Defendant borrowed the means of access for the purpose of using for crime by collecting the physical card and its password connected to the bank account in the name of Gangnam-gu, Gangnam-gu, Seoul, for the purpose of using it to receive interest exceeding the limited interest rate while running a registered credit business, such as paragraph (1), and receiving the payment of the interest exceeding the restricted interest rate.

Summary of Evidence

1. The defendant's legal statement (the statement on the fourth trial date);

1. A protocol concerning the interrogation of suspects of E;

1. Statement of D police statement;

1. Application of statutes on certificates of details by member trading account;

1. Registration of relevant Article of facts constituting an offense and of credit business, etc. in the choice of punishment;