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(영문) 서울중앙지방법원 2018.08.13 2018고단2559
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who intends to engage in loan business shall register the relevant place of business with the administrative agency having jurisdiction over the relevant place of business, and shall not receive interest exceeding the legal interest rate.

Nevertheless, on February 21, 2018, the Defendant, without registering the loan business, lent KRW 100,000 to C at the office of Mapo-gu Seoul Metropolitan Government, 180 and 101, and received payment of the principal and interest at the rate of KRW 1,042 per annum from the above C around March 7, 2018, and received payment of the principal and interest at the rate of KRW 1,042 per annum from around December 7, 2017 to March 26, 2018, and received interest from the above 34 persons without registering the loan business, as described in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Kakao Stockholm text data, notarized materials, account statements, list of loans, investigation reports (net 7 times) Acts and subordinate statutes;

1. Article 19(1) and Article 3 (Occupancy of Unregistered Loan Business), registration of respective lending businesses, etc., and Articles 19(2)3 and 11(1) of the Act on the Protection of Financial Users concerning facts constituting an offense, and registration of the relevant law, the selective lending business, etc., and the selection of fines, respectively;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason behind the sentencing of Article 334(1) of the Criminal Procedure Act requires higher interest rates and, in the event that the borrowed ordinary people are unable to receive legal relief, serious harm may occur to them. Therefore, strict countermeasures are required for the operation of loan business that violates legal restrictions.

The defendant's non-registered loan business, and the number of loans, size of loans, and the degree of exceeding the restricted interest rate is significant.

However, the defendant is living together with the confession of the crime.

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