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(영문) 대구지방법원 서부지원 2019.08.29 2018고단3660
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. Any person who intends to operate a credit business without registration shall register with the competent authority having jurisdiction over the relevant place of business, for each place of business;

On July 27, 2016, the Defendant, without registering a credit business to the competent authority, concluded a loan agreement with B to receive KRW 30,000 per day for 60 days, excluding Sundays until the principal is repaid, after deducting KRW 50,000 from the French land below Busan and deducting KRW 50,000 from the interest rate, and lent KRW 1,450,00 to B.

The Defendant, as above, lent KRW 1.5 million to B without being registered with the competent authorities, and loaned KRW 209,000,000 in total over 48 times from the above date to December 30, 2017 as indicated in the attached crime list, as well as lending KRW 1.5 million to December 30, 2017.

2. Where unregistered credit service providers, etc. make loans at statutory interest rates in excess of the statutory interest rates, they shall not collect interest exceeding 25% which is the statutory maximum interest rate;

Around July 27, 2016, the Defendant lent KRW 1.5 million to B, as described in the preceding paragraph, deducted KRW 50,000 as interest, and concluded a loan agreement to receive KRW 30,000 per day for 60 days, excluding Sundays, until the principal is repaid, and leased KRW 1,450,00 to B, and received KRW 3,50,000 as interest from B from July 27, 2016 to October 10, 2016.

As such, the Defendant received interest at 165.51% per annum in excess of the statutory maximum interest rate from B, as indicated in the attached list of crimes, and leased a total of KRW 209,000,000 over 48 times from the above date to December 30, 2017, and received interest exceeding the statutory maximum interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Statement to C by the police;

1. A report on investigation (a list of evidence Nos. 1, 2, 6, 14, 15, 17, 18);

1. The Act and subordinate statutes governing the reorganization of the account transactions in the name of the D bank account in the name of A and the account transactions in the name of D bank account.

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