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(영문) 대구지방법원 2014.01.09 2013고단4992
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

1. Although a person who intends to engage in a credit business without registration is registered with the competent authority of 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 having jurisdiction over the pertinent place of business, he/she did not register with the competent authority. Around September 19, 2006, he/she loaned a loan of KRW 1 million to C under the condition that 1.1 million shall be repaid for 5 days a sum of KRW 20,000,0000 per day while lending a loan to C, as shown in Appendix 1, from around that time to March 12, 2008.

2. On May 19, 2008, the Defendant is a person who engages in credit business with the trade name “D” and operates credit business to the Seo-gu Office of Daegu around May 19, 2008.

Where a credit service provider grants a loan to an individual, the interest rate shall not exceed 39% per annum (49% per annum prior to July 21, 2010, and 44% per annum prior to June 27, 201), but the Defendant violated the restriction on the interest rate by granting a loan over a total of 60 times from around October 16, 2008 to E for 25 days every 1,100,000 won as a total of 126.4% per annum, while loaning 1,000 won to E, and receiving interest rate of 126.4% per annum from around that time to November 13, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. A copy of the police statement concerning F;

1. A copy of each certificate of borrowing or a copy of each standard contract for lending transactions;

1. Application of Acts and subordinate statutes to each investigation report (to hear and summon each reference witness, attach data related to registration of credit business of a suspect A, verify deposits related to unregistered credit business of a suspect, total sum of deposits, confirm excess of statutory interest rates, and attach details of transactions);

1. Article 19 (1) 1 and Article 19 (1) 1 of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts and the Selection of Punishment;

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