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(영문) 대구지방법원 서부지원 2018.12.07 2018고단1594

대부업등의등록및금융이용자보호에관한법률위반

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A defendant shall be punished by imprisonment for six 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

1. Any person who intends to engage in the loan business, etc., which is not registered shall register with the competent authority having jurisdiction over the relevant place of business by each place of business;

On July 13, 2016, the Defendant, without registering a loan business with the competent authorities, lent KRW 1 million to C from the French land to the competent authorities, and received KRW 30,000 each day as principal and interest for 43 days, lent KRW 1.5 million to D from the French land on August 3, 2017, and received KRW 40,000 each day as principal and interest for 45 days, and run a loan business from March 1, 2016 to November 2017.

2. Where an unregistered credit service provider grants a loan exceeding the interest rate limit, it shall not collect interest exceeding 25% per annum;

On July 13, 2016, the Defendant lent KRW 1,00,00 to C, and received KRW 30,000 each day from 43 days to 30,000 as principal and interest, and received interest at 443% per annum exceeding the statutory repayment interest rate. On August 3, 2017, the Defendant lent KRW 1,50,000 to D from 45 days to 45 days, and received interest at 229% per annum exceeding the statutory repayment interest rate.

Summary of Evidence

1. Statement by the defendant in court;

1. A detailed statement of deposit transactions;

1. Application of investigation reports (D telephone conversationss of loan clients), investigation reports (C telephone conversationss of loan clients C), investigation reports (calculated of interest rates), and statutes in the former part for the number of days;

1. Registration of the relevant legal loan business, etc. for facts constituting an offense, Article 19(1)1, Article 3(1) of the Act on the Protection of Financial Users, Article 19(2)3, and Article 11(1) of the Act on the Registration of Loan Business, etc., and Registration of Loan Business, etc., and Article 19(2)3 and Article 11(1) of the Act on the Protection of Financial Users, and the selection of imprisonment, respectively;

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 reasons for sentencing under Article 62(1) of the Criminal Act are as follows: (a) there are several times of criminal records of the same kind in 2012 and 2013; and (b) on the other hand, the Defendant recognized a mistake and did not repeat the crime while contrary to its acknowledgement; and (c) the same is applicable.