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(영문) 광주지방법원 2013.11.29 2013고단5340
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for six 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

Any person who intends to engage in a credit business shall register the credit business with the competent authority for each business office, and may not receive interest exceeding 30 percent per annum from an unregistered credit service provider, if the unregistered credit service provider provides a loan.

1. On January 10, 2013, the Defendant, without registering credit business, agreed to lend KRW 20 million to D at the C Hospital office located in Seo-gu in Gwangju, Seo-gu, Gwangju, by deducting KRW 4.5 million from the prior interest rate of KRW 15,500,000,000,0000 per annum, and received interest rate of KRW 383% per annum by receiving KRW 400,000 per day as principal and interest.

2. On January 25, 2013, the Defendant, without registering credit business, lent KRW 25 million to D at the C Hospital office located in Gwangju-gu, Gwangju-gu, by deducting KRW 4,100,000,000,000,000,000,0000,000,0000,000,000,0000 per annum, as the principal and interest, was paid for KRW 50,000 per day.

Accordingly, the defendant operated unregistered credit business and received interest exceeding the legal interest rate.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of investigation reports (calculated legal interest rates) and the details of calculation of monetary loans to statutes;

1. Relevant Article 19 (1) 1 and Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts, Article 19 (2) 3 and Article 11 (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, Article 2 (1) of the Interest Limitation Act and the

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that imprisonment with prison labor or any heavier punishment is not imposed for the same kind of crime and the number of the crimes in this case is not high);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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