beta
(영문) 부산지방법원 2017.05.24 2017고단1651

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

The Defendant is a person who runs a loan business under the trade name of “C” in Busan-gu.

When a credit service provider grants a loan, the interest rate for the loan shall not exceed 27.9% per annum (34.9% per annum from April 2, 2014 to March 2, 2016).

On November 19, 2015, the Defendant loaned 2.5 million won to F in front of the E hospital located in Busan Dong-gu, Busan, to F (2.470,000 won after deducting 30,000 won as completion) and received 30,000 won of principal and interest each day over 100 times according to the agreement, and received interest rate of 136.2% per annum from that time until February 9, 2017, as indicated in the list of crimes in the attached Table, from that time, the Defendant loaned 129,000 won in total over 56 times until February 9, 2017, and received interest exceeding the interest rate of 136.2% per annum.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F (including transaction details);

1. Business registration certificate (A);

1. Investigation report (victim's G telephone statement) and investigation report (victim's H telephone statement);

1. Application of Acts and subordinate statutes to a report on investigation (to submit a list of transaction performance in the A);

1. Relevant Article of the Act on the Registration of Preliminary Loan Business, etc. for Criminal Facts and Articles 19 (2) 3 and 8 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;

1. The crime of this case on the ground of sentencing under Article 62-2 of the Social Service Order Criminal Act was committed by the Defendant, even though the Defendant had been two times of the same kind, and at the same time, the Defendant extended a total of KRW 130 million to the financial users under 17 years of the above, and paid interest of KRW 136.2% per annum exceeding the autonomy of the court, and the liability for the crime is not somewhat weak.

However, the sentencing conditions in the records, such as the defendant's age, health, occupation, sex behavior, family relationship, and circumstances before and after the crime are determined by comprehensively considering the facts that the defendant is against the probation, there is no criminal conviction or more than the probation, and other conditions of sentencing as the order.