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(영문) 대전지방법원 2014.02.14 2013고단4895
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

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. On August 31, 2012, the Defendant received excess interest from an unregistered credit service provider: (a) lent the remainder of KRW 6,330,000,000 after deducting KRW 7,000,000,000 from the D cafeteria in Daejeon-gu Seoul Metropolitan City, under the condition to repay KRW 30,000,000,000 to E; (b) and (c) around that time, from around September 30, 2013 to around September 30, 2013, the Defendant borrowed KRW 317,770,000 to EFGI a total of KRW 54,00,000, and received interest of KRW 104 through 1333% per annum as the unregistered credit service provider.

2. On August 31, 2012, from around August 31, 2012 to September 30, 2013, the Defendant, without registration, lent a total of KRW 317,770 million to EFGH on a total of 54 occasions, as indicated in the list of offenses, to the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the EFGHI;

1. Application of Acts and subordinate statutes for confirmation public notice;

1. Article 19(2)3 and Article 11(1) of the former Act on the Registration of Credit Business, etc. and Protection of Finance Users (amended by Act No. 1154, Dec. 11, 2012) regarding criminal facts (the receipt of interest in excess of the unregistered credit service provider, which was unregistered, No. 1 through 6, a year table of crime sight) are registered for each credit business, etc. and Articles 19(2)3 and 11(1) of the Act on the Protection of Finance Users (the receipt of interest in excess of the unregistered credit service provider, etc., No. 7 through 54, a year table of crime sight) are registered for credit business, etc., and Article 19(1)1 and Article 3(1) of the former Act on the Protection of Finance Users (the receipt of interest in excess of the unregistered credit service provider, collectively).

1. Selection of each sentence of imprisonment, with prison labor, for the choice of punishment ( Consideration into the fact that the period of business operation of registered credit service business, frequency of excess interest received, interest rate, and criminal

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

1. Suspension of execution under Article 62(1) of the Criminal Act (No one time nor more than a fine for negligence)

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