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(영문) 대구지방법원 2018.08.23 2017고단5648
대부업의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Any person who intends to engage in unregistered loan business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, urban person, or Special Self-Governing Province branch having jurisdiction over the relevant place of business;

Nevertheless, the Defendant, without registering with the competent authority on September 16, 2013, was to receive interest of 4% per month from the Daegu Dong-gu building B and from subparagraph C of the same paragraph, and loaned KRW 40 million from that time to September 3, 2016, and run a loan business with a total of KRW 2,39,400,000 over 38 times as shown in the annexed crime list (1) from that time to September 3, 2016.

2. The interest rate shall not exceed 25% per annum where an unregistered credit service provider, who has not received any limit interest rate, lends a loan (30% per annum until July 14, 2014). Nevertheless, the Defendant received a total of KRW 326,50,000 from 39 times to 25% per annum on December 31, 2012 at the place specified in paragraph (1) (60.1% per annum) and received interest exceeding 47,500,000 won per annum from 2.5 million to 31 January 31, 2013, as well as receiving KRW 2.5 million per annum from 39 to 28 November 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the witness D;

1. Partial statement of witness E;

1. Statement made by the police against D;

1. A Details of transactions;

1. A detailed statement of transactions;

1. Recording records;

1. Application of Acts and subordinate statutes to report on investigation (Submission of data about payment of D interest which is a complainant);

1. Article 19(1)1, Article 3(1) of the Act on the Registration of Preliminary Loan Business, etc. for Criminal Facts and Protection of Financial Users (including the operation of unregistered loan business), Article 19(2)3, and Article 11(1) of the Act on the Registration of Loan Business, Etc. and Protection of Financial Users, the prosecutor stated “Article 8(1)” as “Article 8(1) of the Act applicable to the indictment, but it is obvious that the error is written in light of the content of the charge and the defense of the defendant.

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