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(영문) 서울중앙지방법원 2018.07.26 2018고단3305
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Any person shall register his/her loan business with the competent authority to run a loan business, and no unregistered credit service provider shall receive interest exceeding the interest rate specified in Article 2 (1) of the Interest Limitation Act (30% per annum from October 25, 201 to July 13, 201, and 25% per annum from July 14, 2014).

Nevertheless, on August 7, 2012, the Defendant did not register a loan business with the competent authorities, and extended a loan of KRW 10 million to F, at the E multilateral bank near D Station located in Dongjak-gu Seoul Metropolitan Government around August 7, 2012, the Defendant issued KRW 9.2 million after deducting KRW 500,000 from the fees for 300,000,000,000 from the monthly payment for 50,000,000,0000,0000,000 won for 50,0000,000 won for 50,000,000 won for 5,000,000 won for 5,000,000 won for 20,000 won for each month, and operated a loan business with the interest rate exceeding the interest rate prescribed in Article 2(1) of the Act, such as [Attachment Table 5 or 9].

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with respect to F;

1. Investigation report (the sequence 6,9,13,15 of the evidence list);

1. Application of court rulings and law of list of crimes;

1. Relevant legal provisions of the relevant Act concerning criminal facts, registration of the selective loan business, etc. of punishment, and Article 19(1)1, Article 3(1) of the Act on the Protection of Financial Users (in cases of running unregistered loan business), registration of loan business, etc., and Articles 19(2)3 and 11(1) of the Act on the Protection of Financial Users (in cases of receiving interest exceeding the interest rate), and 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 of the suspended execution (see, e.g., the main sentence of Article 2 subparag. 1 of the Act on Registration of Loan Business, Etc. and Protection of Financial Users).

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