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(영문) 대구지방법원 2016.02.16 2015고단5679
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

Any person shall register the loan business with the competent authorities in order to engage in the loan business.

1. Nevertheless, despite excess of the statutory interest rate and non-registration loan business, the Defendant did not register with the competent government office. On May 16, 2014, the Defendant loaned KRW 1,000,000 to C who reported and contacted the advertisement leaflet at the office located in the Dong-si, Chungcheongnam-si, Chungcheongnam around May 16, 201, with a limit of KRW 90,000,000 per annum 20,000 per day on a 65-day basis, with a rate exceeding 25% per annum from 436.72% per day, and thereafter lent from that day to May 11, 2015, a loan business was conducted by lending KRW 150,250,000 over a total of 82 occasions, such as the list of crimes in attached Form 1.

2. No one, other than a credit service provider who has made a registration for a loan business advertising, shall advertise the loan business;

Despite the fact that the Defendant is not a credit service provider, from May 16, 2014 to May 11, 2015, the Defendant advertised the loan business by spreading 200,0000 copies of the pre-paid mobile phone type advertisement, which was produced with the phone number of 4 mobile phone units (E, F, G, and H) purchased by pre-paid phone from Gyeong-si and Maldong-gun in the Internet.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. A report on internal investigation (affixing a leaflet for advertisements scattered on the street);

1. Request for cooperation with an investigation ( inquiry as to whether loan business is registered) and reply;

1. Application of Acts and subordinate statutes, such as a copy of credit card or loan application;

1. Article 19(1)1 and Article 3(1) of the Act on the Registration of Terms and Conditions for the pertinent criminal facts and the elective Loan Business, Etc., and Protection of Financial Users (in combination, the operation of unregistered loan business), Article 19(2)3 and Article 11(1) of the Act on the Registration of Loan Business, Etc., and Article 19(2)3 and Article 11(1) of the Act on the Protection of Financial Users (the receipt of interest exceeding the interest rates set forth by unregistered credit service providers), registration of loan business, etc., and registration of loan business, etc., and Article 19(1)3 and Article 9-2 of the Act on the Protection of Financial Users.

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