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(영문) 부산지방법원 2018.08.10 2018고단1429

대부업등의등록및금융이용자보호에관한법률위반

Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to engage in loan business shall register with the competent administrative agency, and if a unregistered credit service provider grants a loan, he/she shall not receive interest exceeding the interest rate prescribed by the Interest Limitation Act (30% per annum from October 25, 201 to July 14, 201, and 25% per annum thereafter).

Nevertheless, without registering a loan business with the competent administrative agency on April 12, 2013, the Defendant loaned KRW 15 million to C from the main point of “D’s operation,” located in Busan Dong-gu, Busan, and deducted KRW 750,000,000,000,000,000,0000,000 from C around April 19, 2013, the Defendant received repayment of KRW 15,000 from C, and received interest at 274.4% (30% per annum) exceeding the interest rate prescribed by the Interest Restriction Act, as shown in the attached list from around that time to April 2015.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by each prosecutor and police with regard to C;

3. Application of Acts and subordinate statutes to reporting investigations by prosecutors and police;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Unregistered loan business: Article 19(1)1 and Article 3(1) of the Act on the Registration of Loan Business, Etc. and Protection of Financial Users (generally, imprisonment with prison labor);

(b) Violation of restrictions on respective interest rates: Articles 19 (2) 3 and 11 (1) of the Act on the Registration of Loan Business, etc. and Protection of Financial Users;

2. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes committed due to a loan business with heavy registration);

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

4. Reasons for sentencing under Article 62-2 of the Criminal Act to order observation of protection.

1. The scope of applicable sentences under law: Imprisonment with prison labor for one month to seven years and six months;

2. Scope of the recommended punishment according to the sentencing criteria;

(a) Basic crime: (a) Determination of the type of crime by the unregistered loan business; (b) Violation of the law of collection of legal claims for loan business;