대부업등의등록및금융이용자보호에관한법률위반
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a person who engages in a loan business without any trade name in Seoul Dongjak-gu Seoul Metropolitan Government B and B01 from February 15, 2017, and a person who intends to engage in a loan business shall register with the authority having jurisdiction over the relevant place of business by place of business, and if a unregistered credit service provider lends a loan, the interest rate shall not exceed 25% per annum.
Nevertheless, on June 16, 2017, the Defendant loaned KRW 5 million to C at an unregistered coffee shop near the shooting distance in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, with a loan of KRW 1,200,000,000,000,000, and actually paid KRW 3.80,000,000,000, and received interest at 479.5% per annum from February 15, 2017 to November 20, 2017, on the condition that the principal and interest is paid over 53 days, and received interest exceeding the statutory limit.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to D, E, or C;
1. Application of Acts and subordinate statutes to certificates of loan contract with full-time consumption, list of loans, and copies of loan certificates, eight copies, calculation table of interest rates, and integrated inquiry by a registered lender;
1. Relevant Article 19(1)1, Article 3(1) of the Act on the Registration of Preliminary Loan Business for Criminal Facts, and Protection of Financial Users (in the case of running unregistered loan business), Article 19(2)3, and Article 11(1) of the Act on the Registration of Loan Business, and Protection of Financial Users, and Selection of Imprisonment, respectively;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Protection and observation and the sentencing guidelines for sentencing under Article 62-2 of the Social Service Order Criminal Act - The scope of recommendations on the grounds of sentencing guidelines for sentencing - the crimes No. 1 [the scope of recommendations] - No. 2 types (unregistered loan business, etc.) in the basic area ( June to January 1) (special sentencing factors) : No. - No. 2 crimes [the scope of recommending punishment] - No. 1 type (the scope of recommending punishment / brokerage commission, etc.) in violation of the law for lending business.