logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.10.15 2020고단4447
대부업등의등록및금융이용자보호에관한법률위반
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 21, 2019, the Defendant, without registering a credit business with the Mayor of Seoul Special Metropolitan City, lent KRW 10 million to D at the six-story Law Firm Cnotarial offices in Gangnam-gu Seoul Special Metropolitan City, and loaned KRW 160,000 to nine 17 times in total from May 16, 2019 to February 10, 2020, as shown in the attached crime sight table (1).

2. On August 21, 2019, the Defendant loaned 8.9 million won to D around August 21, 2019, and thereafter, from around August 26, 2019 to around 19, paid 600,000 won a total of 1,140,000 won and paid interest at 190.4% per annum on the pretext of principal and interest every five days from around August 26, 2019, and received interest exceeding 24% per annum, which is the highest interest rate under the Interest Limitation Act, from around May 16, 2019 to October 20, 2019, as indicated in the annexed crime daily list (2).

Summary of Evidence

1. The application of each police interrogation protocol D to the defendant's legal statement of the defendant, each police interrogation protocol D to the defendant and each police statement of the defendant Eul to investigate and report (Attachment to the statement of account) on the list of loans made by the suspect to the defendant, investigation report (debtor F telephone), investigation report (debtor H telephone of the debtor), investigation report (Preparation of crime sight list and calculation of interest rate), investigation report (Presentation of additional account) and investigation report (Presentation

1. Relevant Article of facts constituting an offense, Article 19 (1) 1 and Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 19 (2) 3 and Article 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Article 2 (1) of the Interest Limitation Act and imprisonment, respectively;

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

1. The act of lending unregistered loans for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is not likely to cause serious social harm, such as hindering the sound development of credit business and causing damage to finance users by taking advantage of their economic difficulties.

except that the defendant is the same;

arrow