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(영문) 대구지방법원 2012.11.01 2012고단4168

대부업등의등록및금융이용자보호에관한법률위반

Text

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.

Reasons

Punishment of the crime

1. Where an unregistered credit service provider grants a loan in excess of the interest rate limit, it shall not receive interest exceeding the rate of 30% per annum;

On November 29, 2011, the Defendant violated the limitation on the interest rate of 2.7 million won (436.7% per annum) by lending 2.7 million won (436.7% per annum) from around November 201 to April 2012, 201, deducting 30,000 won from the condition that C shall be repaid in 65-day per day from D Cosmetics stores operated by Jeonjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City). The Defendant violated the limitation on each of the interest rates of 50 million won (36.6% per annum or 436.7% per annum) by leasing 1,550,000 won per total of 50 times from around April 2011 to around April 201

2. During the period described in paragraph 1, the Defendant for a credit business without registration was running the credit business as above without registering it with the competent authorities in Daegu, etc., as described in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of C and E;

1. An investigation report (each police protocol against the F and G);

1. An investigation report (a copy of passbook from which the number of days has been remitted is appended);

1. Application of Acts and subordinate statutes to an investigation report (loan principal and excess interest rate specified);

1. Relevant Article of facts constituting an offense, Article 19 (1) 1, Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users (referring to the operation of unregistered credit business), Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users (referring to the receipt of interest exceeding the legal interest rate), and imprisonment with prison labor, respectively;

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 on the suspension of execution (including the reflection of criminal conduct, the fact that there is no same record, the scale and method of crime);

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