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(영문) 대구지방법원 서부지원 2016.02.05 2015고단2036
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. A person who intends to run a loan business without registration or a loan brokerage business shall register with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Do Governor, or a Special Self-Governing Province branch having jurisdiction over the relevant place of business;

Nevertheless, from February 25, 2013 to May 15, 2015, the Defendant loaned KRW 369,540,000 to C in total over 31 times, as shown in the list of crimes in the attached crimes, from Seongbuk-gu Office Office Btel 826, Sungnam-si, Sungnam-si.

Accordingly, the defendant was engaged in the lending business without registering it with the competent authorities.

2. Where a credit service provider, who has not been registered, lends a loan in violation of the interest rate limitation, the maximum interest rate on the lending and borrowing contract shall not exceed 30% per annum (25% per annum from July 15, 2014).

Nevertheless, on February 25, 2013, the Defendant: (a) lent KRW 2,510,000,000, which deducts KRW 280,000 as prior interest, as prior interest; (b) the Defendant actually lent KRW 2,510,000 as prior interest; and (c) was paid KRW 280,000 at intervals of seven days and received interest at KRW 250.3% per annum.

In addition, from around that time to May 15, 2015, the Defendant loaned a loan to C over 31 times in total, as shown in the list of crimes attached hereto, and received the interest from 200.5% to 476.8% per annum and received the interest exceeding the restriction interest rate.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A list of details of loan transactions;

1. Details of transactions;

1. Details of debt repayment, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (in excess of the interest rate);

1. Article 19(1)1, Article 19(2)3, Article 3, and Article 11(1)1 of the Act on the Protection of Financial Users (Amended by Act No. 13216, Mar. 11, 2015); Articles 19(1)3, and 19(2)3, and 11(1) of the same Act regarding criminal facts; the choice of imprisonment for each of the following:

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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