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(영문) 광주지방법원 순천지원 2016.02.17 2015고단1952
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than ten 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

Anyone who intends to run a loan business shall register with the administrative agency having jurisdiction over the relevant place of business, and where a unregistered credit service provider lends a loan, he/she shall not receive interest exceeding the interest rate prescribed by Presidential Decree (25% per annum).

Nevertheless, on September 2014, the Defendant, without registering with the competent authorities, agreed to lend KRW 900,000 to the debtor C in the Ilyang-si on a 16-day basis with a loan of KRW 900,000 per 20,000 each day (hereinafter “one day”) and agreed to receive interest equivalent to 347% per annum by lending the above amount to the debtor C, from June 2015, and from that time until June 2015, the Defendant loaned KRW 50,120,000 over 166 times as in the list of crimes in the attached Table, and received interest exceeding the interest rate of KRW 656,60,000 from the delivery of KRW 656,60,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecution with respect to D and E;

1. Details of each transaction;

1. Application of the CD-related Acts and subordinate statutes to financial transaction details;

1. Article 19(1)1, Article 3, Article 19(2)3, and Article 11(1) of the Act on the Registration of Business of Loaning and Protection of Financial Users for Criminal Facts; Article 2(1) of the Interest Restrictions Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Da1548, Jun. 1, 201)

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