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(영문) 서울중앙지방법원 2018.11.15 2018고단5907
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who runs a loan business after registering as the trade name “D” in the 3rd floor C of the Seoul Gangnam-gu Seoul Metropolitan Government building B.

If a registered credit service provider lends a loan to an individual or a small corporation, it shall not receive interest exceeding 27.9% per annum (24% from February 8, 2018) which is the highest statutory interest rate.

Nevertheless, on February 23, 2018, the Defendant loaned KRW 200,000 to E, which reported and contacted the Internet advertisement at the above “D” office, and delivered KRW 1.7 million after deducting KRW 300,000 from the pre-paid interest, and received a total of KRW 2,202,00 per annum by receiving a total of KRW 96.5% interest by paying the principal and interest in installments during the six-month period. From December 5, 2017 to May 31, 2018, the Defendant was paid KRW 151,30,000 in total to 121 persons as shown in the list of crimes in the attached Form, and received the highest interest rate exceeding the interest rate by receiving the interest of KRW 151,30,00 from 96.5% per annum to 143.5% per annum.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a loan repayment certificate, loan transaction contract, letter, account statement, investigation report (calculated of interest rates), G bank transaction statement, H bank transaction statement, investigation report (based on annual calculation); and investigation report (based on annual calculation);

1. Article 19(2)3 and Article 8(1) of the Act on the Registration of Loan Business, etc. and the Protection of Financial Users, including the relevant legal provisions and the choice of punishment for criminal facts, are seriously against the defendant's criminal act; while the defendant's reason for sentencing of imprisonment with prison labor is not sufficient to recognize his/her criminal act; the victim's compensation is not subject to the defendant's punishment; the victim is not engaged in the loan business again by closing the loan business registration and seeking a new occupation.

It is advantageous to the fact that there is no record of punishment exceeding fine and there is no record of punishment exceeding fine.

However, the court's autonomy is more than three times by abusing the poor circumstances of the debtor.

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