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(영문) 대전지방법원 홍성지원 2013.05.03 2013고단174
대부업등의등록및금융이용자보호에관한법률위반등
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. On May 25, 2009, the Defendant, who is running a unregistered credit business, lent 3.8 million won to D without registering with the competent authority from 103 Dong 1101 to 1101, and operated a credit business over 38 times in total from the above date and time to March 16, 2010 as shown in the attached crime list 1.

2. Where a credit service provider that received interest in excess of the interest rate lends a loan to an individual, the interest rate shall not exceed 44% per annum (49% per annum from April 22, 2009 to July 21, 2010).

Nevertheless, around June 23, 2010, the Defendant registered a credit business with the competent authority and engaged in the credit business. Around June 24, 2010, the Defendant lent KRW 4.65 million to E at the place specified in the foregoing Paragraph 1, which was around June 24, 2010, and violated the interest rate limit upon receiving interest payment of KRW 2.50,000 per month, and loaned a loan exceeding the statutory limit rate of seven times in total as shown in the attached Table 2.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Statement of transactions, certificate of registration of credit business, details of each account transaction, books of credit business, notarial deeds, loan books, etc., details of accounts;

1. Application of Acts and subordinate statutes to the report of investigation;

1. Article 19 (1) 1, Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning facts constituting an offense and Article 19 (1) 1, Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users (hereafter referred to as “unregistered credit business,” collectively), Article 19 (2) 3, and Article 8 of the Act on Registration of Credit Business, etc. and Protection of Finance Users

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 (The following extenuating circumstances among the reasons for sentencing);

1. In addition, the social harm caused by the receipt of unregistered credit business and interest exceeding the limited interest rate under Article 62-2 of the Social Service Order Criminal Act is not much significant, and in particular, the Defendant’s unregistered credit business.

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