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(영문) 광주지방법원 2012.11.01 2012고단4937

대부업등의등록및금융이용자보호에관한법률위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

Any person who intends to run a credit business shall register his/her credit business with the competent authority, and the interest rate shall not exceed 30 percent per annum if a unregistered credit service provider provides a loan.

Nevertheless, the Defendant, without being registered with the competent authority on January 11, 201, lent KRW 8 million to C on or around January 14, 2011, and received interest equivalent to KRW 243% per annum from the principal and interest interest rate of KRW 8.1.6% on or around January 14, 2011, and received KRW 314 million per annum from around that time to November 3, 2011, and received KRW 320,108 million per annum from the interest rate of KRW 300,000 on or around February 14, 2011, and received KRW 300,000 per annum 31.28% per annum from around that time to around November 3, 2011, and received KRW 300,000 per annum 1.35% per annum from the interest rate of KRW 1030,000 on or around February 1, 2011.

Accordingly, the Defendant violated the interest rate limitation, and run credit business as above without registering the credit business to the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each detailed statement of transactions (investigative records, 46 pages, 135 pages);

1. Article 19 (1) 1, Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 19 (2) 3, and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 19 (2) 3, and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Article 2 (1) of the Interest Limitation Act, including the pertinent law on criminal facts and the choice of punishment

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

1. Article 62(1) of the Criminal Act provides that the Defendant had engaged in credit business for a long time without registration of credit business, and the amount of loan was considerably high, and the interest rate was considerably high.