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(영문) 인천지방법원 2013.10.01 2013고단4425
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above imprisonment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant registered a credit business with the head of Bupyeong-gu Incheon Metropolitan Government around November 201, and from that time, the Defendant was subject to revocation of the registration of credit business as of March 11, 2013, while doing credit business under the trade name of “C” in 101 Dong 203, Bupyeong-gu, Incheon.

1. No credit service provider may charge interest at an interest rate exceeding 39% per annum, if it lends a loan to an individual;

Nevertheless, on March 8, 2013, the Defendant loaned KRW 2.28,00 to the victim F, and agreed to receive KRW 4.220,000 as principal and interest for seven weeks, and received interest at KRW 354.2% per annum by receiving the principal and interest for seven weeks.

2. Any person who intends to operate a credit business shall register with the administrative agency having jurisdiction over the place of business, and may not charge interest exceeding the interest rate of 30% per annum if an unregistered credit service provider lends a loan.

Nevertheless, around May 9, 2013, the Defendant loaned KRW 2.28,00 to the victim F without registering with the competent authorities, and agreed to receive KRW 4.22 million with the principal and interest for seven weeks, and received interest at 354.2% per annum by receiving the principal and interest for three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on details of passbook transactions;

1. Relevant Article on criminal facts, Articles 19 (2) 3, 8 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users (the receipt of interest in excess of the restricted interest rate), Articles 19 (1) 1, 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users (including the receipt of unregistered loan), Articles 19 (2) 3 and 11 (1) of the Act on the 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 (the receipt of

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;

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