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(영문) 서울서부지방법원 2021.01.14 2020고정542
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who intends to engage in loan business shall register with the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province branch having jurisdiction over the relevant place of business, and where a unregistered credit service provider makes a loan, he/she shall not receive interest exceeding 25% per annum after January 21, 2009, 30% per annum after July 15, 2014, and 24% per annum after February 7, 2018 under the Interest Limitation Act.

Nevertheless, on September 22, 2017, the Defendant, without registering the loan business, provided B with KRW 10,000,000 per day to B at a non-place on 12,000, and provided 120,000 per day and received interest at an annual interest rate of 136.2% per annum exceeding the autonomy of the court. In addition, the Defendant loaned 5 persons, such as B, etc. total of KRW 232,50,00,000 and received interest exceeding the statutory limit.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the prosecution or police examination protocol on the accused (including the part concerning B confrontation);

1. Written statements made by the police in relation to B and C, and written confirmations of D;

1. Each (Bank/C) transaction details, B transaction details, and application of each recording statute;

1. Relevant legal provisions for criminal facts, registration of selective loan business, etc. of punishment, and Article 19(1)1 and Article 3(1) of the Act on the Protection of Financial Users (in the case of operating unregistered loan business), registration of each loan business, etc., and Articles 19(2)3 and 11(1) of the Act on the Protection of Financial Users, Article 2(1) of the Act on the Protection of Interest Restrictions (including the receipt of interest exceeding the statutory limit rate, including the receipt of interest for each victim), and each choice of fines;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. There is no record of punishment beyond the records of the same kind of crime or fine for the sentencing of Article 334(1) of the Criminal Procedure Act, the health status of the defendant, the relationship with the victims, and transactions.

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