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(영문) 대전지방법원 공주지원 2013.08.09 2013고단163
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

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

Nevertheless, the Defendant did not register with the competent authority, and from March 2012 to May 14, 2013, the Defendant provided loans of KRW 3.8 million to F who operates the Ecafeteria in the Hongsung-gun, and received KRW 4.8 million per day, including principal and interest, for 60 days each 80,000 won. From March 2012 to May 14, 2013, the Defendant provided loans of KRW 181,09,000 to 60,000,000,000 from May 14, 2013 to 60, including the debtor F, etc.

2. No unregistered credit service provider may lend a loan to an individual or a small-scale corporation prescribed by Presidential Decree at an interest rate exceeding 30/100 per annum, which is the interest rate prescribed by Presidential Decree;

Nevertheless, as set forth in paragraph (1), the Defendant loaned 60 persons, such as F, who are paid interest at the rate of 292.1% per annum, to F, etc., in excess of the statutory interest rate as described in the attached list of crimes, thereby violating each limitation on the interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. Part A of the first interrogation protocol of the prosecution against A, which is written G

1. Each prosecutor's interrogation protocol concerning H;

1. Inquiry into whether credit business is registered, replys to investigation reports (report on calculation of the loan interest rate);

1. Application of Acts and subordinate statutes to each protocol of seizure and the list of seizure;

1. Article 19 (1) 1, Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts, Article 19 (1) 1, Article 3 (1) of the Act on Registration of Unregistered Credit Business and Protection of Finance Users (hereafter referred to as "unregistered Credit Business"), Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business and Protection of Finance Users, and Selection of Imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The suspended sentence is more favorable than the reasons for sentencing under Article 62(1) of the Criminal Act.

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