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(영문) 대전지방법원 서산지원 2019.05.09 2019고단107
대부업등의등록및금융이용자보호에관한법률위반
Text

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

However, 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 the relevant place of business with the administrative agency having jurisdiction over the relevant place of business, and where an unregistered credit service provider lends a loan, according to the provisions on the maximum interest rate under 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 Article 2(1) of the Interest Limitation Act, the maximum interest rate is 25% between July 15, 2014 and February 8, 2018, and shall not receive interest exceeding 24% since February 9, 2018.

Nevertheless, on May 31, 2016, the Defendant, without registering a credit business, lent KRW 3 million to D at “C” clothes located in Seosan-si B, and entered into a loan agreement on the condition that 15% of the principal per month shall be paid as interest. From around that time to July 2018, the Defendant received interest (180% per annum) exceeding the statutory interest rate (180%) from February 2016 to July 2018, without registering a credit business on seven occasions, and without registering a credit business over seven occasions, from around July 2016 to around July 2018 (84-180% per annum).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Each statement prepared by the F, G and H;

1. A complaint, a list of entry and departure transactions, letters, and telephone details;

1. A certificate of borrowing;

1. Account details (A, I);

1. Account details (J, K);

1. Application of the Acts and subordinate statutes governing writing-off of accounts and writing-off of the J account;

1. Relevant Article of facts constituting an offense, and Articles 19 (1) 1 and 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users (generally, the occupation of unregistered credit business), Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and the Selection of Imprisonment with prison labor;

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

1. Article 62(1) of the Criminal Act:

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