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(영문) 광주지방법원 목포지원 2017.11.09 2017고단252

대부업등의등록및금융이용자보호에관한법률위반

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

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

Reasons

Punishment of the crime

1. Where a credit service provider, which has not received interest exceeding the restricted interest rate, makes a loan, it shall not receive interest exceeding 30% per annum, which is the highest interest rate under the contract for cash lending and lending;

On May 27, 2013, the Defendant: (a) repaid KRW 500,00 to D after three months from the Defendant’s residence located in Heposa City around May 27, 2013; (b) lent KRW 4.5 million calculated by deducting KRW 500,000 from the interest rate per month (including the interest rate in advance) more than the statutory limit rate of KRW 1.5 million; and (c) received interest (including the interest rate in advance) from four persons, such as D, in the same manner as the list of crimes in attached Form D from around January 2012 to January 2014, the Defendant paid KRW 60 to KRW 45 million per annum and KRW 180,000 per annum in excess of the statutory limit of interest rate of KRW 9.8 million, respectively.

2. Any person who intends to engage in the business of leasing unregistered loans shall register with the competent authority having jurisdiction over the relevant place of business by place of business;

The Defendant, from springing around January 2012 to January 2014, lent money as described in paragraph (1), and run a lending business without registering it with the competent authorities.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of witness D and E in the third public trial records;

1. Each legal statement of witness F and G;

1. Some statements made by the prosecutor's office in the protocol of interrogation of the suspect in relation to D, F, G, or E (including each substitute part);

1. Details of each account transaction, each receipt ledger, each note, etc.;

1. Seizure records;

1. The application of the Acts and subordinate statutes of investigation report (Attachment to the copy of suspect A place of business);

1. Article 19(2)3 and Article 11(1) of the Act on the Registration, etc. of and Protection of Financial Users from the pertinent criminal facts and each type of loan business, etc. for the choice of punishment (the receipt of interest exceeding the limited interest rate, the choice of imprisonment, etc.) and Article 19(1)1 and Article 3(1) of the Act on the Registration, etc. of Loan Business, Etc. and Protection of Financial Users (the non-registered loan business, the selection of imprisonment, etc.).