logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2015.03.25 2014고단1027
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person who intends to occupy and use a unregistered credit business shall register with the Mayor/Do governor, etc. having jurisdiction over the relevant place of business;

Nevertheless, the Defendant did not register with the competent authorities on November 29, 2012, and was found to need to pay money, and 3.720,000 won was loaned to C, which was obtained by deducting 2.80,000 won from prior interest, and 2.80,000 won per month, and operated credit business by allowing C to receive interest for 15 months in total.

In addition, the Defendant engaged in credit business at least six times from that time until August 22, 2013, as shown in the list of crimes in attached Table 1.

2. On March 20, 2009, the Defendant lent 4.4 million won to D from the French branch of Gangseo-si (hereinafter referred to as Gangnam-si) to D, and agreed to receive interest of 22,000 won per annum (106% per annum) every ten months, and loaned 4.4 million won to D on that spot.

In addition, the Defendant received interest exceeding each statutory interest rate from that time to August 22, 2013, as described in the attached Table 2.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, F, G, H, C, and I;

1. Each complaint, details of each account, certificates of borrowing, etc., details of loans, statement of passbooks, and related data;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 19(1)1 and Article 3 of the Act on the Registration of Credit Business, etc. and Protection of Finance Users regarding criminal facts, Article 19(1)2 and Article 8(1) of the former Act on the Registration of Credit Business and Protection of Finance Users (amended by Act No. 9344 of Jan. 21, 2009) (the receipt of interest exceeding the limit of the rate of March 20, 2009), Articles 19(2)3 and 11(1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users (the receipt of interest exceeding the limit of the rate of March 20, 209), each option of imprisonment with prison labor

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

arrow