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(영문) 부산지방법원 2018.11.16 2018고단2755

대부업등의등록및금융이용자보호에관한법률위반

Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 5,00,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

A person who intends to engage in loan business shall register the loan business with the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan City Mayor, or Special Self-Governing Province branch having jurisdiction over the relevant place of business, and where an unregistered credit service provider engages in loan business, he/she shall not receive interest exceeding 24% per annum.

Nevertheless, on May 9, 2014, the Defendant, without registering a loan business with the competent authority, entered into a loan agreement on KRW 1,350,000,000,000 on the condition that the amount of the principal of the loan is equal to 30,000 won each day between C and C, and received interest at a rate exceeding 225.7% per annum from the above date to June 9, 2017 for more than three years from the above date (attached Form ) for a total of 17 persons, including a crime list, for a loan business with a loan of KRW 1,350,000,000 after deducting the interest from the interest at a statutory highest rate of 24%, and received the interest exceeding the statutory highest rate of 79 times.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol with respect to C and D;

1. Application of various transaction details, text message details, investigation report (12, 16 on a net time), copy of a loan certificate, complaint, or copy of a passbook;

1. Article 19(1)1, Article 3(1), and Article 19(3) of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users (hereinafter referred to as the “Loan Business Act”) concerning criminal facts and the choice of punishment; Articles 19(2)3, 11(1), and 19(3) of the Act on the Loan Business (Concurrent Imposition of Imprisonment and Fines);

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Crimes No. 1 for the reason of sentencing of Article 334(1) of the Criminal Procedure Act (the scope of recommendations) of the Criminal Procedure Act (the term of punishment), No. 2 (the business of lending unregistered loans, etc.).