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(영문) 청주지방법원 2017.05.16 2017고단522
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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 competent authority, and where an unregistered credit service provider grants a loan, the interest rate shall not exceed 25% per annum.

The Defendant did not register a loan business, and around December 30, 2014, borrowed KRW 1,00,000 to H from G subject points located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju to one month, and paid KRW 1,00,000 after deducting KRW 100,000 as a prior interest, thereby receiving interest at 133.3% per annum.

In addition, the Defendant, from December 30, 2014 to February 16, 2017, conducted an unregistered loan business by lending 65 times in total as shown in the annexed crime list, and received interest by violating the interest rate limit over 64 times in total.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each police statement in relation to I, H, J, K, K, L, M,O, P, Q, and R;

1. Data on replies related to loan business violations;

1. Investigation reports (Explosion of seized Suspect A’s account) and recording by debtor on the account books, investigation reports (related to suspect S and Suspect A’s financial account) and arrangement of transaction details in the name of each victim’s S account;

1. Application of Acts and subordinate statutes, such as a certificate of borrowing and a copy of account books of transactions;

1. Relevant legal provisions for criminal facts, registration of loan business, etc. of selective loan business, and Article 19(1)1 and Article 3(1) of the Act on the Protection of Financial Users (hereafter “non-registered loan business”), registration of loan business, etc., and Article 19(2)3 and Article 11(1) of the Act on the Protection of Financial Users, Article 2(1) of the Restriction on Interest (including the payment of interest exceeding the interest rates set forth in each limitation), and each choice of imprisonment with labor;

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 on the suspended execution;

1. The circumstances favorable to the reasons for sentencing in Article 62-2 of the Criminal Act for the observation of protection and observation are divided in depth by the defendant, and the victims and the victims agreed smoothly, the victims want to have the defendant's wife, and the defendant's wife.

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