logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.10.18 2018고단2602
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

A person who intends to engage in loan business shall register with the Mayor/Do Governor having jurisdiction over the relevant place of business for each place of business, and shall not receive interest exceeding the autonomy of the court.

Nevertheless, on November 2, 2016, the Defendant, without registering a loan business, lent KRW 3,00,000 in an international market located in the New-dong in Busan, Jung-gu, Busan, and paid KRW 2,700,000,000, the Defendant paid KRW 133% interest for each year exceeding the autonomy of law, on condition that the Defendant repaid KRW 3,00,000 after 10 days, and received interest exceeding the autonomy of law by the same method until May 15, 2017.

As a result, Defendant without registration was engaged in loan business, and the court was paid interest exceeding self-regulation.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. Each complaint, details of loans, details of financial transactions, and copies of account books;

1. Application of Acts and subordinate statutes to an investigation report (including a net 26, an calculation table of interest rate for the number of days of loans attached thereto, and a list of crimes committed);

1. Article 19(1)1, Article 3(1)0 of the Act on the Protection of Financial Users and Registration of Side Business, etc. for Facts constituting an offense, and Article 19(2)3, and Article 11(1)1 of the Act on the Protection of Financial Users;

1. Imprisonment with prison labor for choice of punishment;

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. A crime for the reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (the scope of a recommendation / [the scope of a recommendation / the scope of a recommendation / the scope of a loan / a loan / a loan / a loan / a loan / a loan / a loan / a loan / a loan / a loan / a loan / a loan / a loan / a loan) 2 of the basic area (the scope of a recommendation / a loan / a loan / a loan / a loan / a loan / a loan / a loan / a loan / a loan / a loan / a loan / a loan / a loan / a special person with a special sentencing / a loan / a loan)]

arrow