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(영문) 대구지방법원 경주지원 2013.10.02 2013고단222
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. Where it intends to engage in credit business in violation of the Act on Registration of Credit Business, etc. and Protection of Finance Users due to unregistered credit business, it shall make a registration with the head of the competent administrative agency;

Nevertheless, from March 30, 2009 to August 17, 2011, the Defendant used credit business by lending money to E, F, and G, as shown in the separate crime list, including lending a total of KRW 178,00,000 to E on 59 occasions without registering with D members from March 30, 2009 to August 17, 201.

2. The interest rate applicable where a credit service provider, etc. unregistered in violation of the Act on Registration of Credit Business, etc. and Protection of Finance Users due to a violation of the restriction on interest rates, makes a loan may not exceed 30 percent per annum;

Nevertheless, at the place specified in Paragraph (1) of March 30, 2009, the Defendant provided a loan of KRW 3 million to E for a period of one month, and actually paid KRW 2.61 million after deducting KRW 3,90,000 as a prior interest, and received interest at 179% per annum, and received interest exceeding the statutory interest rate, as shown in the attached crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness E, F and G;

1. Each police statement of the E, F, and G;

1. A report on internal investigation (No. 21-131 of investigation records), investigation report (No. 2 of investigation records No. 154-262 of investigation records);

1. The time when a request for cooperation in investigation is made;

1. Application of Acts and subordinate statutes concerning details of transactions and details of transactions in agricultural cooperatives;

1. The point of violation of the relevant law on criminal facts: The point of violation of the restriction on interest rates under Articles 19 (1) 1 and 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users: Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users;

1. Selection of imprisonment with prison labor chosen;

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;

1. The two types of punishment under Article 62-2 of the Criminal Act of the community service order;

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