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(영문) 대구지방법원 2017.01.17 2016고단5203
대부업등의등록및금융이용자보호에관한법률위반
Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person who intends to engage in business of lending unregistered loans shall register a branch office of the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, or Special Self-Governing Province having jurisdiction over the relevant place of business;

The Defendant, without registering with the competent authority on September 29, 2014, operated a loan business by lending a total of KRW 117 million for eight times from that time to October 13, 2015, by deducting KRW 300,000 per day after deducting KRW 300,000 from D’s interest at a place where it is impossible to identify the location of the light on September 29, 2014.

2. Where a credit service provider, etc. who is not registered for a violation of self-regulation, makes a loan, the court shall not collect interest exceeding 25% per annum (after July 15, 2014) which is the highest interest rate under the Restriction Act on Loans of Money provided for in this Act.

Defendant 1 loaned KRW 15 million to D and received KRW 300,000 per day as described in the above paragraph 1 at the time and place specified in the above paragraph 1, as well as from that time, from that time, he received interest exceeding 25% per annum in lending KRW 117 million in total over eight times as listed in the list of crimes in the attached Form.

Accordingly, the Defendant received interest exceeding the maximum interest rate as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police against D;

1. Statement of loan amount;

1. Application of Acts and subordinate statutes to each investigation report and attachment thereof (No. 7 through 10, 17, 20, 21 of the evidence list);

1. Article 19(1)1, Article 3(1) (a) of the Act on the Registration of Relevant Legal Loan Business, etc. for Criminal Facts, and the Protection of Financial Users, Article 19(2)3, and Article 11(1) of the Act on the Registration of Loan Business, etc., and Article 19(2)3 and Article 11(1) (a) of the Act on the Protection of Financial Users;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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