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(영문) 인천지방법원 부천지원 2018.08.30 2018고단857
대부업등의등록및금융이용자보호에관한법률위반등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Violation of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users;

(a) Any person who intends to engage in a loan business without registration shall register with the administrative agency having jurisdiction over the relevant place of business, for each place of business;

Nevertheless, the Defendant, without registering with the competent authority from July 1, 2016 to August 24, 2017, run a non-registered loan business, such as lending KRW 264,50,000 in total amount of principal and receiving KRW 36,50,000 in total interest, as stated in the list of crimes in the attached Form.

(b) Where an unregistered credit service provider grants or receives excess interest, it shall charge interest to the extent that the loan does not exceed the statutory interest;

Nevertheless, the Defendant loaned KRW 10,00,000 to B on July 1, 2016, and received interest of KRW 3,000,000 per annum from around August 24, 2016, and received interest of KRW 199% per annum from around August 24, 2016, and received interest of KRW 36,50,000 from August 24, 2017, as stated in the list of crimes in the attached Table, and received interest of KRW 28,948,288.

2. No person who violates the Electronic Financial Transactions Act shall transfer or take over any access medium in using or managing the access medium;

On July 1, 2016, the Defendant, at the “D” store operated by Kimpo-si, Kimpo-si, Kimpo-si, B, as described in paragraph 1, offered loans to B, and received access media by receiving one copy of the C-mail card connected to the bank account in the name of B from the above B in order to avoid taxation and investigation agencies’ tracking.

3. No person who violates the Act on Regulation and Punishment of Concealment of Criminal Proceeds shall disguise the acquisition of criminal proceeds, etc.;

Nevertheless, on July 1, 2016, the Defendant loaned the principal of KRW 10,000,000 to B, and on July 1, 2016.

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