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(영문) 부산지방법원 2016.06.30 2016고단486
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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. On December 4, 2012, the Defendant, without registering the loan business of the competent administrative agency, was running the unregistered loan business over 23 occasions, as shown in the annexed crime list, by granting a loan of KRW 5 million on a daily basis, including the interest and principal of the loan of KRW 60,000,000, on an equal condition that the sum of the interest and principal of the loan shall be repaid every 100 days during the period from December 4, 2012 to July 26, 2015.

2. From December 4, 2012 to July 26, 2015, the Defendant received interest exceeding the statutory maximum interest rate on 23 occasions, such as receiving payment by applying 136.2% on the condition that 60,000 won shall be repaid at an equal rate over a 100-day period, when lending KRW 5 million to D in the above manner at the above time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Details of each account transaction;

1. Application of Acts and subordinate statutes to each investigation report (i.e., 10, 11, 14, 16 on a net basis) and delivery note (calculated as interest rates);

1. Relevant Article 19(1)1 and Article 3(1) (including comprehensive) of the Act on the Protection of Financial Users, Registration of respective lending businesses, etc. for criminal facts, and Articles 19(2)3 and 11(1) of the Act on the Protection of Financial Users, and Selection of Imprisonment with labor, respectively;

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

1. Article 62(1) of the Criminal Act (see e.g., Reasons for sentencing)

1. The crime of this case on the grounds of sentencing Article 62-2 of the Social Service Order Criminal Act is not a case where the defendant agreed to the interest much more than the restriction interest rate while running the unregistered loan business and lent the money equivalent to KRW 100 million over 23 times.

In addition, even though the defendant had had the record of being sentenced to a fine more than four times for the same crime, the defendant continued to commit each of the crimes in this case.

On the other hand, the defendant in the trial process.

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