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(영문) 제주지방법원 2016.08.17 2016고단903
대부업등의등록및금융이용자보호에관한법률위반
Text

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.

Reasons

Punishment of the crime

A person who intends to engage in loan business shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business, and if a unregistered credit service provider lends a loan, he/she shall not receive interest exceeding the legal interest rate under the Interest Limitation Act.

The Defendant did not register the loan business and distributed the borrowed leaflet to the Seopo City, Seopo City, Seopo City, and then loaned the loan to the loan applicant. On August 1, 2014, the Defendant loaned KRW 2 million to E in Jeju 700,000,000 per annum exceeding 25% per annum (25,000,000 per annum) under the name of the principal and interest from the next day of 65 days, and received interest from 304.90% per annum from around that time to September 16, 2015, and received the principal by adding the interest exceeding 689,385,000 won per annum 25% per annum, which is the statutory limit.

Accordingly, the Defendant engaged in unregistered loan business, and was paid interest exceeding the statutory limit interest rate.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Police seizure records and photographs of seized articles;

1. Investigation report (to attach a detailed statement of the daily amount of money loaned);

1. Each investigation report (to investigate loan debtors' telephone recording);

1. Application of Acts and subordinate statutes to investigative reports (investigation of the content of text messages);

1. Relevant legal provisions and choice of punishment for criminal facts: Registration of loan business, etc. and provision of Article 19(1)1, Article 3(1) (a) of the Act on the Protection of Financial Users (hereinafter “Loan Business Act”); each loan business; Articles 19(2)3 and 11(1) of the Act; Article 2(1) of the Interest Limitation Act (the receipt of interest exceeding the legal interest rate)

1. Aggravation of concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order of community service: Article 62-2 (1) of the Criminal Act;

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