beta
(영문) 의정부지방법원 2016.03.29 2015고단3503

대부업등의등록및금융이용자보호에관한법률위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Anyone who intends to engage in a loan business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor having jurisdiction over the relevant place of business, and where a unregistered credit service provider lends a loan to an individual or a small corporation prescribed by Presidential Decree, the legal court shall not exceed 34.9% of the loan.

Nevertheless, on May 7, 2013, the Defendant extended loans of KRW 10 million to D on the long-distance near Seo-dong, Seo-dong, Seo-gu, Hong-dong, and entered into a loan agreement with interest rate of KRW 136.2% per annum for 100,000 per day during the 100-day period. From around that time to May 31, 2013, the Defendant did not register the loan business by the same method four times as shown in the list of crimes in the attached Table and lent the loan to the interest rate of KRW 136.2% per annum exceeding the autonomy of the court.

Accordingly, the Defendant violated the Act on the Registration of Loan Business and the Protection of Financial Users.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1.Each loan certificate to D, E, and F:

1. Application of each statute on the details of transactions to D and E;

1. Article 19(1)1, Article 3(1), Article 19(2)3, and Article 11(1) of the Act on the Registration of Loan Business under the relevant Act for Criminal Facts and the Protection of Financial Users; Article 2(1) of the Act on the Protection of Financial Users;

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

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