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(영문) 대구지방법원 김천지원 2018.01.25 2017고단267
대부업등의등록및금융이용자보호에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

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

On May 23, 2007, the Defendant registered a loan business with the Gu-Si office and operated a loan business with the trade name of “D” and did not renew the registration, and the term of validity of the loan business registration expired as of May 23, 2010.

A person who intends to continue to register a loan business even after the term of validity of the registration shall file an application for renewal of the registration, and where a unregistered credit service provider, who has not renewed the registration, grants a loan, he/she shall not receive interest exceeding the rate of 30% per annum from April 22, 2009 to July 14, 2014.

Nevertheless, on June 2012, the Defendant did not renew the registration of the loan business and received KRW 600,000 per annum for the interest rate of 3.6% per annum, when setting up a security for real estate in the “D Loans” office operated by the Defendant in the Gu, Si, si, Kimcheon-si, and H, a debtor, and leasing KRW 200,000,000,000,000,000 per annum, after deducting KRW 60,000 from the prior interest.

In addition, the Defendant operated a large side business without filing an application for renewal of the registration of the loan business with the competent authority ten times in total as shown in the list of annexed crimes, and received interest in excess of the interest rate limit on loans more than 1-7 times in the list of crimes listed in attached crimes No. 8,9, 10 of the list of crimes in attached crimes, as well as in the list of annexed crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Each legal statement of witness I, witness J, K, L, and F;

1. Each prosecutor's office and each protocol concerning the examination of suspects of the police;

1. A written protocol concerning the examination of a police officer against M or L;

1. Each police statement made to K, L, J, I, N, F, andO;

1. A report of internal investigation (as to the account holder A or I of internal investigation who was used for loan business by the recipient of internal investigation) and report of internal investigation (as to the account holder A or I of internal investigation who was used for loan business), report of internal investigation (as to the attachment of account details in J’s name), report of internal investigation (as to the attachment of account details), report of internal investigation (as to the account details), report of internal investigation (as to the account details)

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