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(영문) 청주지방법원 2019.09.27 2019고정361
대부업등의등록및금융이용자보호에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On October 19, 2018, the Defendant was sentenced to imprisonment with prison labor for robbery, injury, etc. at the Cheongju District Court on March 19, 2018, and the said judgment became final and conclusive on May 21, 2019.

1. Any person who engages in unregistered credit business shall, when he/she intends to engage in credit business or credit brokerage business, file for registration with the competent authority having jurisdiction over the relevant place of business;

Nevertheless, the Defendant, in collusion with B, did not register with the competent authority on November 18, 2017, by lending KRW 1,500,000 to C in the vicinity of the Cheongju Youth Span, the Defendant engaged in credit business by lending KRW 6,000,000 in total four times in total, as shown in the list of crimes in attached Table, by lending KRW 1,350,000 to C in the vicinity of the Cheongju Youth Span, and granting KRW 1,350,000 per day and receiving KRW 30,000 for 65 days.

2. If a credit service provider (including an unregistered credit service provider) that violated a restriction rate lends money, it may not charge interest exceeding the interest rate (24% per annum) prescribed by statutes.

Nevertheless, the Defendant, in collusion with B, lent money of KRW 1,50,000 to C at the time, place, as described in paragraph (1) above, and received interest equivalent to 436.72% per annum, and received interest exceeding the limited interest rate, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Statement made to D by the police;

1. Report on internal investigation (Evidence No. 11, 14, and 15), investigation report and calculation table of interest rates;

1. Contract details, such as C, and text contents;

1. Previous records of judgment: Criminal records, inquiry records, and application of each statute of the judgment;

1. Relevant Articles 19 (1) 1, 3, 19 (2) 3, and 11 (1) of the Act on the Registration of Credit Business, etc. and Protection of Finance Users concerning criminal facts, Article 30 of the Criminal Act, and each fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Aggravation for concurrent crimes;

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