대부업등의등록및금융이용자보호에관한법률위반
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.
Punishment of the crime
Any person who intends to engage in a loan business shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business.
On February 15, 2016, the Defendant loaned KRW 3,308,972,322 on a total amount of 397 occasions from around that time to January 16, 2017 by lending KRW 45,22,188 by way of repayment of the existing loans of J without registering in Gwangju North-gu I. In addition, from around that time to around January 16, 2017, the Defendant loaned KRW 3,308,972,322 to around 397.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol of examination of suspect with respect to K and L (including the part against the defendant) by the prosecution;
1. Investigation report (verification of suspect A loan business non-registration);
1. Application of transaction details (netly 27) Acts and subordinate statutes;
1. Article 19 (1) 1 and Article 3 (1) of the Act on the Protection of Financial Users and Registration of Preliminary Loan Business, etc. for Criminal Facts, and Articles 19 (1) 1 and 3 (1) (including comprehensive) of the same Act, and the selection of imprisonment with prison labor;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant committed the instant crime again even if he/she was subject to the suspended sentence of imprisonment (eight months of imprisonment and two years of suspended sentence) on the same offense, and that the amount of the unregistered loan exceeds 3.3 billion won is disadvantageous to the Defendant.
However, the defendant's criminal facts are recognized and wrong, and the defendant's non-registered loan business is more than the amount of crime because of a kind of brokerage loan.
Considering the fact that it is difficult to see, the fact that the defendant raises a baby who is a senior student, etc., the execution of imprisonment shall be suspended on condition that the community service order is implemented, and the sentence shall be determined as ordered.