logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2017.01.06 2016고단2708
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding ten thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

A person who intends to engage in loan business shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business, and where an unregistered credit service provider grants a loan, he/she shall not receive interest in excess of 30% per annum (before July 15, 2014) or 25% per annum (after July 15, 2014).

Nevertheless, on March 12, 2014, the Defendant lent 4.7 million won to D in Yongsan-gu, Busan Metropolitan City without registering a loan business to the competent authorities, and received 10% interest from D after 10 days thereafter, and received 365% interest from D.

In addition, from around that time to April 19, 2016, the Defendant operated a loan business without registering the lending business with the competent authorities. The Defendant lent KRW 90,720,000 to D over 37 times as indicated in the attached crime list, and lent KRW 9,072,00 to E over 86 times the interest of KRW 121,564,00,000, and lent KRW 6,078,200 (monthly 5%) to E, and lent KRW 72,306,00 to F over 26 times the interest of KRW 3,615,30 (monthly 5%), and lent KRW 6,563,00 to G over 4 times the interest of KRW 30,528,150 (monthly 5%) and received KRW 305% per annum or interest over 30% per annum.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each investigation report (specific for witness F, E-mail, witness E-mail, witness G phone number);

1. Application of Acts and subordinate statutes on transaction details;

1. Articles 19(1)1 and 2(1) of the relevant Act on the Registration of Loan Business, etc. of the relevant Act on Criminal Facts and the Protection of Financial Users (amended by Act No. 13445, Jul. 24, 2015; hereinafter the same shall apply), and Articles 19(2)3 and 11(1) of the Act on the Registration of Loan Business, etc. of each of the former Loan Business, and the Protection of Financial Users (the receipt of an excess of the restricted interest rate)

1. The concurrent imposition of imprisonment with prison labor and fines (Article 19 (3) of the Act on the Registration of Loan Business, etc. and Protection of Financial Users);

1. The aggravated Criminal Act for concurrent crimes.

arrow