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(영문) 전주지방법원 군산지원 2020.04.08 2019고단1783
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

except that 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

Any person who intends to engage in credit business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor having jurisdiction over the relevant place of business for each place of business, and shall not collect interest exceeding 25% which is the statutory interest

Nevertheless, the Defendant, without registering a credit business with the competent authority on January 12, 2015, lent KRW 700,000 to B, who was located in the French land from January 12, 2015, and received KRW 710,000 from January 13, 2015, which was the next day (the annual interest rate of KRW 521%) from around that time to December 5, 2017, as indicated in the attached list of crimes, loaned KRW 1,032,950,010 over 506 times, and received interest over the statutory interest rate of KRW 467 times.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning B;

1. Protocol of each police statement concerning B;

1. Application of Acts and subordinate statutes to the suspect AC Bank transaction statement, request for investigation cooperation, investigation report (Evidence Nos. 48), crime sight list, each transaction statement, details of violation of Interest Limitation Act, monthly interest settlement statement, and statement of account transaction of the defendant C Bank bank account;

1. Article 19 (1) 1, Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts, Article 19 (1) 1, Article 3 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and Selection of imprisonment, respectively;

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

1. The grounds for the suspended sentence under Article 62(1) of the Criminal Act recognize and reflects the crime of this case, the first offender, the period, frequency, scale, etc. of the crime, and the record and arguments of this case, including the defendant's age, character and behavior, environment, means and result of the crime, and the circumstances after the crime, etc., are revealed.

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