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(영문) 인천지방법원 부천지원 2018.11.28 2018고단2340
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant did not register with the competent authority on December 20, 2014, entered into a loan agreement of KRW 3,00,000,000,000,000,000,000 with a prior interest of KRW 2,382,000,00 with a prior interest of KRW 2,382.6% on a yearly basis, and received interest of KRW 4,70,00,00 from December 23, 2017 from around 59 times in total by December 23, 2017, the Defendant loaned KRW 26,370,000,000 to B, as shown in the annexed List of Crimes, and received a total of KRW 53,873,425,00,00,000,000,000 from time to time, as in the annexed Table of Crimes.

Accordingly, the Defendant operated a unregistered loan business, and received interest in violation of the interest rate limit.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Receipt for automatic withdrawal of cash, the method of preparing an application for calculation of interest rates on loans, the details of deposit transactions (C bank), the statement of interest rates on loans, the details of financial transactions (D), and the application of the relevant Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, registration of the selective loan business, etc. of punishment, and Article 19(1)1, Article 3(1) (including the operation of unregistered loan business, and comprehensive) of the Act on the Protection of Financial Users, registration of each loan business, etc., and Articles 19(2)3 and 11(1) of the Act on the Protection of Financial Users, Article 2(1) of the Restriction on Interest (the receipt of interest exceeding the interest rate) of the Act, and each choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Article 10 (1) of the Act on Regulation and Punishment of Concealment of Criminal Proceeds from Collection;

1. The act of receiving interest exceeding the due diligence loan business and the limited interest rate in the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is highly harmful to the society by hindering the sound development of lending business and causing damage to financial users.

The defendant is on the same kind of warning in 2011 and around 2015.

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