beta
(영문) 의정부지방법원 고양지원 2015.11.06 2015고단2428

대부업등의등록및금융이용자보호에관한법률위반

Text

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

The Defendant is a person who engages in credit business without any trade name, from heading B, 1403 1105 dong 1105.

Any person who intends to engage in credit business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor having jurisdiction over the relevant place of business, and where unregistered credit service providers make a loan, they shall not receive interest exceeding

Nevertheless, around 13:00 on December 16, 2013, the Defendant: (a) lent KRW 5 million to the victim C in an insular coffee shop near the Hong-dong, Mapo-gu, Seoul; (b) paid KRW 100,000,000 per day after deducting KRW 7,000,000 from the fees; (c) paid KRW 1.1 million per day; (d) received interest equivalent to KRW 328.62% per annum from June 4, 2013 to March 9, 2015; and (e) received interest from KRW 373,520,000 on a total amount of 129 occasions, as indicated in the attached list of crimes; and (e) received interest from KRW 73,520,00 per annum 2894 to April 31, 200 per year.

Accordingly, the Defendant was paid interest exceeding the statutory interest rate while running unregistered credit business.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes on the provision of financial transaction information;

1. Article 19 (1) 1 and Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts (generally, the point of unregistered credit business and the choice of imprisonment), Article 19 (2) 3 and Article 11 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users (the frequency of loans, the point of receiving statutory interest rate exceeded, and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Collection;