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(영문) 서울북부지방법원 2016.06.15 2016고단1434

대부업등의등록및금융이용자보호에관한법률위반

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A defendant shall be punished by imprisonment for not more than ten months.

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 engage in unregistered loan business shall register with the Special Metropolitan City Mayor, etc. having jurisdiction over the relevant place of business;

On May 18, 2014, the Defendant lent KRW 2,00,000 to D without being registered with the Seoul Special Metropolitan City Mayor, and thereafter lent KRW 162,790,000 in total over 178 times from that time to April 18, 2016, as shown in the list of crimes in attached Form 178, as shown in the list of crimes.

Accordingly, the defendant is running unregistered loan business.

2. Where a credit service provider, who has not been registered in violation of the interest rate limitation, lends a loan, he/she shall not collect interest exceeding 25% per annum, which is the interest rate prescribed by the Act on Interest Limitation

A. On June 30, 2014, the Defendant loaned KRW 270,000,000,000,000,000,000,000,000,000 from the C-sihouse in Seoul Special Metropolitan City, Nowon-gu, to E, and received interest at an interest rate of KRW 89% per annum between September and September.

B. On August 25, 2014, the Defendant lent KRW 450,000 after deducting KRW 50,000 from the advance interest from KRW 500,000,000 to E in the C-sihouse located in Seoul Special Metropolitan City, Nowon-gu, and received interest on KRW 133% of the annual interest rate by receiving KRW 50,000 per annum as interest.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant legal provisions of the relevant Act concerning criminal facts, registration of the selective loan business, etc. of punishment, and imprisonment with prison labor for each of the following matters: Article 19(1)1 and Article 3 (including unregistered loan business, including unregistered loan business), Article 19(2)3 and Article 11(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 of the Criminal Act;

1. The sentencing guidelines under Article 62-2 of the Social Service and Criminal Act are not set: Imprisonment with prison labor for one year: 10 months; suspended sentence for two years; and a person whose community service duty has increased by 160 hours: Not only the amount of crime but also the accumulated records of punishment;