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(영문) 대구지방법원 안동지원 2015.11.06 2015고단550

대부업등의등록및금융이용자보호에관한법률위반

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above imprisonment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to run a credit business shall register his/her credit business with the competent authority of the relevant place of business, and may not collect interest exceeding the statutory interest rate if an unregistered credit service provider lends a loan.

Nevertheless, on March 21, 2013, the Defendant lent KRW 100 million to B without registering credit business without registering it with the competent authority on March 21, 2013, and paid KRW 92 million for prior interest of KRW 8 million. The Defendant received interest of KRW 96.18% per annum exceeding 30% per annum of statutory limit interest rate after payment of KRW 100 million after 33 days. From around that time to June 17, 2014, the Defendant lent KRW 1,680,000 over ten times in total as shown in the list of crimes in the attached Table, and received KRW 2,003,980,000.

Accordingly, the Defendant did not register a credit business, and was paid interest exceeding the statutory limit interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Application of Acts and subordinate statutes to replys to requests for investigation cooperation, internal investigation reports (detailed details of transactions submitted by the accused), and internal investigation reports (Attachment II to the Korean Loan Finance Association, Korea Association, and New Data);

1. Article 19 (1) 1, Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts, Article 19 (1) 1, Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Selection of imprisonment, 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;

1. The defendant of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act committed the instant crime even though he/she had the record of being sentenced to a suspended sentence for the same crime, and at the same time committed the instant crime, and the fact that the period of the instant crime is long and the proceeds from the instant crime are high, and the defendant led to confession and reflect as a substitute