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(영문) 인천지방법원 2020.11.04 2020고단5705
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for two years from the date this judgment becomes final and conclusive, the execution of punishment shall be suspended.

Reasons

Punishment of the crime

A person who intends to engage in credit business shall register with the administrative agency having jurisdiction over the relevant place of business, and if a unregistered credit service provider intends to lend a loan, he/she shall not receive interest exceeding the maximum interest rate under the Interest Limitation Act.

Nevertheless, on July 11, 2016, the Defendant, without registering a credit business, lent 4 million won to B on or around July 1, 2016, paid 3.6 million won excluding 400,000 won interest, and received interest equivalent to the interest rate of 405% per annum by repaying 400,000 interest per 10 days interest.

From that time until October 2017, the Defendant lent money to B five times in total, and received interest exceeding the limited interest rate, as shown in the attached list of crimes, from that time until October 2017.

Accordingly, the Defendant is running unregistered credit business, and the Defendant received interest exceeding the statutory limit interest rate.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the investigation report by the police on the defendant's legal statement B (Attachment to the Interest Payment Statement);

1. Articles 19(1)1, 3(1), 19(2)3, and 11(1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users and Protection of Finance Users (Amended by Act No. 16089, Dec. 24, 2018; Act No. 16089, Dec. 24, 2018; Act No. 1354, Sep. 5, 2012; hereinafter “unregistered credit business”); and each of the choice of imprisonment (the receipt of interest exceeding a limited interest rate) with labor (the consideration of the defendant’s imprisonment with labor for a violation of the Act on Registration of Credit Business, etc. and Protection of Finance Users by the Incheon District Court on September 5, 20

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 (Article 62 (1) of the suspended execution (Article 62 (1) of the Criminal Act (the defendant returned the excess of the legal interest to B and expressed his/her intention not to want the punishment of the defendant at the trial stage; considering the circumstances other

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