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(영문) 창원지방법원 밀양지원 2015.10.15 2015고단237
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

However, 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

On May 18, 2007, the Defendant was sentenced to a summary order of a fine of five million won for a violation of the Act on Registration of Credit Business and Protection of Financial Users, in the Changwon District Court (Seoul District Court), and the said order became final and conclusive on June 2, 2007. On November 14, 2012, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment with prison labor for the same crime in the same court, etc. and the said judgment became final and conclusive on November 22, 2012.

Any person who intends to run a credit business shall register his credit business with the competent authority, and shall not collect interest exceeding the statutory interest rate.

Nevertheless, the Defendant did not register a credit business with the competent authority, and loaned KRW 1,50,000 to the victims D who were in Si, Gun, instead of Changnam on October 13, 2013, 1,50,000 won interest on the 13th day of each month, and if the payment of interest is delayed, 1,50,000 won interest on the 1,50,000 won per day. In fact, the Defendant loaned 8,50,000 won after deducting KRW 1,50,00

As above, the Defendant loaned a loan with approximately KRW 211% per annum from November 2013 to November 201, 2014; the Defendant received KRW 1.5 million per month from the victim to December 1, 2014; KRW 1.5 million per annum on December 13, 2014; KRW 1.15 million on February 25, 2014; KRW 190,000 on March 195, 2014; KRW 100,000 on May 14, 2014; KRW 100,000 on July 14, 2014; KRW 100,000 on July 15, 2014; and KRW 2,50,000 on October 22, 2014, under the pretext of an agreement on interest in total, and received KRW 20,000 won per annum on a person.

Accordingly, the Defendant, without registering, engaged in credit business, and received interest exceeding the statutory limit interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each prosecutorial statement concerning D and E;

1. Statement of the police statement concerning F;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 19 (1) 1 and Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users concerning facts constituting an offense, and Article 19 (1) 1 and Article 3 (1) of the Act on Protection of Finance Users, registration of credit business, etc. and protection of finance users.

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