logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2017.02.09 2016고단1888
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 a period of 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 loan business shall register with the administrative agency having jurisdiction over the relevant place of business by place of business;

Nevertheless, the Defendant, without registering with the competent authority on October 14, 2013, entered into a loan agreement with D to lend KRW 2,00,000,000 from the "C" car page located in Daegu-gun Group B, and after deducting KRW 1,860,000,000 in terms of fees and interest, was actually lent KRW 1,860,000 per day and paid KRW 40,000 per day on 65 days from that time, and run a loan business by lending KRW 243,00,000 over 16 times, such as the list of crimes, in the Daegu-gu area from March 25, 2016.

2. Where a credit service provider, etc. that has not received or paid interest in excess, lends a loan to an individual, the interest rate shall not exceed 25% per annum;

Nevertheless, the defendant gave a loan to an individual as above, and received an average of 237.6% per annum as shown in the annexed crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (in cases of voluntary calculation, etc. by a court in excess of a suspect A from D due to a defect);

1. A detailed statement of transactions in each account and a loan agreement for each loan business;

1. Application of Acts and subordinate statutes to public relations complexes for loan business;

1. Relevant legal provisions concerning criminal facts, registration of selective loan business, etc., and Article 19(1)1, Article 3(1) (including the operation of unregistered loan business, including the operation of unregistered loan business), Article 19(2)3, and Article 11(1) (including the receipt of interest exceeding the interest rates set forth by unregistered credit service providers) of the Act on the Protection of Financial Users, and Articles 19(2)3 and 11(1) (including the receipt of interest exceeding the interest rates set forth by unregistered credit service providers) of the Act on the Protection of Financial Users, and the choice of imprisonment;

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 (the confession of a crime and the attitude against depth appears, and the defendant is punished in excess of a fine for the same kind of crime;

arrow