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(영문) 대구지방법원 포항지원 2019.06.26 2019고단536
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for six 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 who intends to engage in credit business or loan brokerage business shall register with the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor, which has jurisdiction over the relevant place of business, and when an unregistered credit service provider

Nevertheless, the Defendant, without registering a credit business with the competent authority on October 22, 2018, operates a credit business office in Seo-gu, Seo-gu, Gwangju. Around October 2, 2018, the Defendant loaned KRW 2,500,000,000 to D, under the pretext of fees, deducted KRW 130,000,000 under the name of fees, and paid KRW 2,320,000 under the name of prior interest, and received interest at KRW 322% per annum by equal payment of principal and interest for 60 days each day after paying KRW 50,000,000 from the above date to March 21, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Report on internal investigation (in relation to the repayment amount, such as victim E) and investigation report (in relation to the calculation of interest rate), report on internal investigation (in relation to the repayment amount, such as victim E);

1. Application of the basic structure (E), standard contract for each loan transaction, and basic structure (H) of the number of days;

1. Article 19 (1) 1, Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts, Article 19 (1) 1, Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and selection of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The sentencing criteria shall be set;

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