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(영문) 인천지방법원 2012.11.29 2012고단10744
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 became final and conclusive.

Reasons

Punishment of the crime

From October 201, the Defendant, from around October 201, went to the competent authorities without registering it, and spreaded the credit business advertisement site by means of lending it to the customer who reported and contacted with the location of Yeonsu-gu Incheon.

From R operated by the victim Q Q in Yeonsu-gu Incheon Metropolitan City around November 201, the Defendant agreed to borrow KRW 20 million to receive KRW 240,000 per day for 100 days in the form of days (annual interest rate 136.2%) and received principal and interest from around that time to around January 2012.

Accordingly, the Defendant, from October 201 to January 201, run a credit business without registering with the competent authority from October 2011, and received interest in violation of the restriction on interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of the accused and S;

1. A written statement of Q;

1. The calculation table of interest rates and the application of investigation reporting Acts and subordinate statutes;

1. Relevant Article of facts constituting an offense, and Articles 19 (1) 1, 3 (1) (which means that a credit business is run without registration) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users (which means that a person receives interest exceeding the interest rate) of the Act;

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

1. The execution of imprisonment shall be suspended in consideration of the facts and conditions of sentencing shown in the argument of this case, including the confessions of the crime of this case and the violation of Article 62(1) of the Criminal Act, the fact that the defendant only has the credit business, the defendant has the same criminal records, and other circumstances and conditions of sentencing.

It is so decided as per Disposition for the above reasons.

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