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(영문) 수원지방법원 안산지원 2016.04.20 2015고단3992

대부업의등록및금융이용자보호에관한법률위반등

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Any person who intends to run a loan business or a loan brokerage business shall register with the competent authority having jurisdiction over the relevant place of business by place of business;

Nevertheless, around February 6, 2014, the Defendant lent a total of KRW 806,940,000 for 243 times from January 3, 2014 to August 10, 2015, without registering a loan business in Guro-gu Seoul Metropolitan Government, to receive KRW 12,00 per day and to lend KRW 1 million to D for 100 days.

2. If an unregistered credit service provider grants a loan, it shall not receive interest exceeding the interest rate prescribed by Presidential Decree (30% per annum from October 13, 2012 to June 10, 2014, and 25% per annum from June 11, 2014 to June).

Nevertheless, on April 13, 2015, the Defendant: (a) loaned KRW 5 million to E, and agreed to receive payment for 100 days each day; and (b) lent KRW 4,480,000,000 after deducting prior interest, etc., from the payment of principal and interest by August 25, 2015; and (c) stated that the annual bill of indictment for 62.76% by receiving repayment of principal and interest of KRW 5,520,000 as “156.745%” but the interest rate shall be “6.76%” if calculated as of August 25, 2015 when the principal and interest were paid last.

The interest rate limit was violated.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. A certificate of deposit, a copy of pocket book, and a statement of account transactions;

1. Application of Acts and subordinate statutes to a copy of a bankbook;

1. Registration of the relevant legal loan business, etc. for criminal facts and the protection of financial users, Articles 19 (1) 1, 3 (1) (in the case of running the business of unregistered loan business), 19 (2) 3, and 11 (1) (in the case of interest payment exceeding the interest rate set forth therein) of the Act on the Protection of Financial Users, and the choice of imprisonment, respectively;

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 defendant is on the grounds of sentencing under Article 62-2 of the Criminal Act.